by Mark J. Markus | Dec 27, 2014 | Bankruptcy Law, Los Angeles BK Issues
Another year comes to an end. It was a busy year for bankruptcy. Not so much for people filing bankruptcy, but certainly for accessing bankruptcy information. Below are the most visited posts from my bankruptcy blog in 2014*: [fusion_builder_container...
by Mark J. Markus | May 29, 2009 | chapter 7, Los Angeles BK Issues, means test, Uncategorized
Loan repayments to a 401k plan cannot be used as a budget expense on the means test. The Ninth Circuit Court of Appeals ruled today, in the case of In re Egebjerg, that 401k loans are not a debt as defined in the bankruptcy code and as such, the amount of any loan...
by Mark J. Markus | Oct 11, 2008 | Bankruptcy Law, debts in bankruptcy, Los Angeles BK Issues, means test
What Is The Bankruptcy Means Test? The means test in bankruptcy is not a test like you took in school based on your memory. The means test is a complex budget analysis created by Congress, supposedly to determine whether one has the ability (the means) to repay all...
by Mark J. Markus | Jun 27, 2008 | chapter 13, Los Angeles BK Issues, means test, Recent Court Decisions
Means Test Controls Chapter 13 Length and Payment Amount The Ninth Circuit Court of Appeals in Maney v. Kagenveama (In re Kagenveama), 527 F.3d 990 (9th Cir. June 2008) held that where an above-median chapter 13 debtor has negative “disposable income” per the means...
by Mark J. Markus | Jun 25, 2008 | chapter 13, Los Angeles BK Issues
If I told you that you could completely wipe out your 2nd mortgage against your home in a bankruptcy case and save yourself those monthly payments while increasing the equity in your property, would that be of interest to you? Lien Stripping in Chapter 13 or Chapter...
