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Casenotes: 2007 WDNY Bankruptcy cases
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Recent Updates
July 27, 2010
A (Brief) history of New York exemptions, Part I
July 06, 2010
Bankruptcy exemption expansion passes New York legislature, awaits Governor's signature
June 29, 2010
Bankruptcy Exemption may expand in NY - an historical perspective
June 21, 2010
Retroactive application of Increased homestead exemption; Part II: Calloway and Nguyen
June 21, 2010
Bad Faith Chapter 13 plan: case filed 10 days after property transferred: Johnson
Archives
Notes from BAPCPA
When can a creditor file a means test motion? A legislative history of Sections 707(b)(6) and 707 (b)(7)
Posted by: Peter Scribner
November 18, 2009
Consumer bankruptcy cases may be dismissed under Section 707(b) if they are abusive. When can a creditor file this motion? Only when the debtor's income exceeds the state's medium income. But how is that income measured when a married spouse files alone? Is the income of the spouse who didn't file included in this calculation? The answer is no, but the legislative history getting to that answer is convoluted, and as far as I know there are no reported cases on the issue.
