Means Test

South Carolina Median Income Figures for Cases Filed After November 1st

October 16th, 2011  |  2 Comments ››

Written by Charleston Bankruptcy Lawyer, Russell A. DeMott South Carolina median income numbers effective November 1, 2011 are now out. They are as follows: Household of 1: $37,660 Household of 2: $47,853 Household of 3: $50,824 Household of ... Continue Reading »

Bankruptcy and Your 401(k) Loan

February 12th, 2011  |  2 Comments ››

Written by Charleston Bankruptcy Lawyer, Russell A. DeMott 401(k) loans are treated differently in Chapter 7 bankruptcy than they are in Chapter 13 bankruptcy.   And by "401(k) loans" I mean any deferred compensation ... Continue Reading »

Means Test Car Ownership Expense Decided by U.S. Supreme Court

January 12th, 2011  |  1 Comment ››

Written by Charleston Bankruptcy Lawyer, Russell A. DeMott The United State Supreme Court has held that a debtor cannot claim the auto ownership expense on the Bankruptcy Code's means test unless the debtor has ... Continue Reading »

Senior Citizens and Bankruptcy: When the Wolf is at Grandma’s Door

October 26th, 2010  |  2 Comments ››

Guest post written by Philadelphia Bankruptcy Lawyer, Dan Mueller When I first started taking bankruptcy cases in the 1990s, I rarely had a senior citizen as a client.   Today, it is not unusual ... Continue Reading »

South Carolina Bankruptcy Median Income Figures DOWN!

October 19th, 2010  |  No Comments ››

Written by Charleston Bankruptcy Lawyer, Russell A. DeMott South Carolina bankruptcy filers will now have to face the reality of lower median income figures starting November 1.   "Median" means the 50th percentile--that is, ... Continue Reading »

Filing Bankruptcy: “Will I Hurt My Wife’s Credit When I File?”

August 10th, 2010  |  2 Comments ››

Guest Post Written by Rome, Georgia Bankruptcy Lawyer, Jeff Kelly When filing bankruptcy, if your spouse has not signed any contracts with you, your spouse's credit score will not be affected by your filing. Before ... Continue Reading »

The Bankruptcy Means Test (Part Four)

May 23rd, 2010  |  2 Comments ››

Written by Summerville Bankruptcy Lawyer, Russell A. DeMott Passing the bankruptcy means test doesn't mean you're cleared for takeoff for a Chapter 7 bankruptcy.   I pointed this out in my last post on ... Continue Reading »

What is Chapter 13 Bankruptcy? (Part Two)

April 29th, 2010  |  No Comments ››

Written by Summerville Bankruptcy Lawyer, Russell A. DeMott Chapter 13 bankruptcy is all about payments.   As I've said before, the Chapter 13 bankruptcy trustee is happy if you "pay early and pay often." ... Continue Reading »

South Carolina Bankruptcy Median Income Figures Change March 15

March 8th, 2010  |  No Comments ››

Bankruptcy Median income figures change again on March 15.   Unless your debts are primarily business debts, these figures help the court determine whether or not you must complete the means ... Continue Reading »

The Bankruptcy Means Test (Part Three)

November 24th, 2009  |  3 Comments ››

[caption id="attachment_652" align="alignleft" width="300" caption="Photo by Kim Held"][/caption] Written by Charleston Bankruptcy Lawyer, Russell A. DeMott In part one and part two of The Bankruptcy Means Test, I explained the shaky foundation of the means ... Continue Reading »

The Bankruptcy Means Test (Part Two)

November 3rd, 2009  |  2 Comments ››

[caption id="attachment_580" align="alignleft" width="336" caption="Photo by Marissa DeMott"][/caption] Written by Charleston Bankruptcy Lawyer, Russell A. DeMott The means test analysis begins with calculating your current monthly income ("CMI").   This is one of the many ... Continue Reading »

New Bankruptcy Median Income Figures Effective November 1, 2009

October 10th, 2009  |  No Comments ››

Photo by Kim Held Written by Summerville Bankruptcy Lawyer, Russell A. DeMott If you need to file bankruptcy, you must first determine whether you are above median income for the ... Continue Reading »

Chapter 7 Bankruptcy: The Means Test (Part One)

October 2nd, 2009  |  2 Comments ››

Written by Charleston Bankruptcy Lawyer, Russell A. DeMott If you want to file a Chapter 7 bankruptcy, and your income is over the median income for your state, you must take a "means test" ... Continue Reading »

RSS