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Bankruptcy Abuse Prevention and Consumer Protection Act of th CongressFirst Session Changes to Personal Bankruptcy Law Means Test for Chapter Eligibility The trustee or any creditor can bring a motion to dismiss under § if the debtors income is greater than the state median income Abuse is presumed if the debtors current monthly income less secured payments divided by less priority debts divided by less the allowed expenses permitted by the IRS less certain other allowed expenses is greater than per month of a Chapter plan Debtors who meet this new standard would be shifted to year repayment plan in Chapter If a debtors income falls below the state median the court may still find abuse but the creditors do not have the standing to file the motion In determining whether the median threshold has been reached the law looks at the number of people in the debtors household compared to census figures adjusted by the CPI The presumption of abuse may only be rebutted by demonstrating special circumstances that justify additional expenses or adjustments of current monthly income Mandatory Credit Counseling No individual may be a debtor under title unless they have within days prior to filing received
Facts for Consumers Before You File for Personal Bankruptcy Information About Credit Counseling and Debtor Education Produced in cooperation with the Department of Justice’s U S Trustee Program The Bankruptcy Abuse Prevention and Consumer Protection Act of launched a new era With limited exceptions people who plan to file for bankruptcy protection must get credit counseling from a government approved organization within days before they file They also must complete a debtor education course to have their debts discharged The Department of Justice’s U S Trustee Program approves organizations to provide the mandatory credit counseling and debtor education Only the counselors and educators that appear on the U S Trustee Program’s lists can advertise that they are indeed approved to provide the required counseling and debtor education By law the U S Trustee Program does not operate in Alabama and North Carolina; in these states court officials called Bankruptcy Administrators approve pre bankruptcy credit counseling organizations and pre discharge debtor education course providers Counseling and Education Requirements As a rule pre bankruptcy credit counseling and pre discharge debtor education may not be provided at the same time Credit counseling must take place before you file for bankruptcy; debtor education
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