In a Chapter 13 case with a high income debtor, there is a big difference in the disposable amounts of the Means Test and the difference between schedules I (Income) and J (Expenses). The Means Test disposable income is much, much higher, and the Trustee wants to use that amount to calculate what the debtor must pay every month. Is it possible to argue that the Schedule I/Schedule J difference should be used to calculate the amount payable to the plan?
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Means Test or I-J Difference?
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