Can someone please tell me what BIOCT means? I cannot find the abbreviation meaning anywhere.
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Originally posted by Targetonback View PostCan someone please tell me what BIOCT means? I cannot find the abbreviation meaning anywhere.
It's is usually only a factor when there is non-exempt property in the Chapter 13. It is to guarantee that the Chapter 13 unsecured creditors receive at least as much as they would have in a hypothetical Chapter 7.
Please tell us who is using that awful acronym as it is not used. I have never seen it.
Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
Status: (Auto) Discharged and Closed! 5/10
Visit My BKForum Blog: justbroke's Blog
Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.
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BIOCT is the Best Interest of Creditor's Test which is also known as the Chapter 7 Liquidation Test. The Chapter 13 Trustee is just mentioning that you must pay the value of the BIOCT as the minimum amount in the Chapter 13. Since you are in a 100% plan that is moot. However, if you lost your income or something else happened, the Chapter 13 Trustee must make sure that you still pay the BIOCT regardless of a change in income.
The best interest of creditor's test is to make sure that unsecured creditors receive at least as much as they should have in a Chapter 7. The reason for this entry is to make sure you don't circumvent the Chapter 7 rules in the Chapter 13. Usually, people have a high BIOCT (approaching or even exceeding 100% to all unsecured creditors) because the debtor is keeping non-exempt property, or at least the non-exempt "equity" in the property.
I called it an awful acronym because I have never really seen it before and most people just write "best interest of creditor's test" or "Chapter 7 liquidation test/value". I would never use the acronym because it is not common. In fact, I just searched on Google and there are very few mentions of this acronym.Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
Status: (Auto) Discharged and Closed! 5/10
Visit My BKForum Blog: justbroke's Blog
Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.
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