I'm below Median income level (Chap 7), but...

[justbroke]

Personally, I don't know why Congress touched the Totality of Circumstances statues in 11 USC 707(b)(3). Original, prior to 2005 and the BAPCPA updates, you had to have both filed in bad faith and the totality of circumstances demonstrated that you weren't worthy of the discharge. Because Congress separated the two ,into part (A) and part (B) of that section of the Code, they can be considered separately. I think this was just to appease the creditors -- who really wrote the legislation.

Personally I concur with the minority of Courts that say that the BAPCPA substituted "ability to pay" with the Means Test and that the Judges shouldn't be allowed to "substitute" their own "test" or "judgment" for the means test... but I get off on a rant.

[Depressed]

I'm still trying to understand how the whole process works, but what's the point of the median income guidelines for determining presumption of abuse if you can be below the median and still get pushed into a 13? I don't get it!

Seems to me, that the laws are set up to enrich the attorneys. Every time they push someone out of a 7 and into a 13, they make another $2000. Why even have a means test, if the lawyers don't even want to consider it.

[HHM]

Seems to me, that the laws are set up to enrich the attorneys. Every time they push someone out of a 7 and into a 13, they make another $2000. Why even have a means test, if the lawyers don't even want to consider it.

Nope, the law was written to try to benefit creditors.

Realize, although attorneys can earn more revenue in a 13, they have to do a ton more work. Unless the attorney is really efficient, chapter 13's are often less profitable because they suck so much more time. When you factor in all the time a chapter 13 takes, an attorney can do 3-4 chapter 7's.