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M-Median Income In Bankruptcy: What Does It Mean? What Is The Means Test?

by Mark J. Markus | Feb 11, 2012 | Bankruptcy Alphabet, chapter 13, chapter 7, means test

Median Income In Bankruptcy And The Means Test Here’s something many don’t realize.  You can earn above the median income for your location and household size and still qualify for Chapter 7  bankruptcy. What’s that, you say? You’ve read online...

G: Gifts In Bankruptcy: Are they Income? Are they Assets? How Are They Treated?

by Mark J. Markus | Nov 23, 2011 | Bankruptcy Alphabet, means test

  Gifts come in many shapes and sizes and, while usually a welcome thing, can have unintended consequences in a bankruptcy case.  There’s basically two types of gifts:  Those you give, and those you receive. Gifts Must Be Listed As Assets On the Bankruptcy...

Means Test in Bankruptcy; Gifts vs. Loans

by Mark J. Markus | Jul 11, 2011 | Bankruptcy Law, means test

The dreaded means test is one of the methods to determine eligibility to file bankruptcy for those who have primarily consumer debt. The means test requires one to include the average of ALL gross income received from any source, other than social security and income...

Means Test Median Income Figures Reduced Again

by Mark J. Markus | Oct 13, 2010 | chapter 7, means test

As many of you know, one of the bankruptcy  eligibility threshold factors to determine which chapter of bankruptcy one may file under (e.g. Chapter 7, chapter 11, or chapter 13) is the dreaded “means test” which uses income received in the six calendar...

Refiling Chapter 7 Case After Prior Dismissal in California

by Mark J. Markus | May 4, 2010 | Bankruptcy Law, chapter 7, means test

I was asked a question in a forum:  If a chapter 7 bankruptcy case gets dismissed for “failing” the means test, under 707(b) of the bankruptcy code (11 U.S.C. 707(b)), is there any time limit on re-filing? The answer is, for most cases, “no.”...

Do you Need to Do The Means Test in Chapter 13?

by Mark J. Markus | Sep 16, 2009 | chapter 13, chapter 7, means test

Our question of the week comes from a user who asks: I have been unemployed for nearly a year now and will be running out of unemployment benefits in about 3 months which will leave me with no income at all and I am single. The prospects of finding a job in my line of...
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California Bankruptcy Attorney Certified Specialist in bankruptcy law handling exclusively bankruptcy cases since 1991 in Chapter 7, Chapter 11, and Chapter 13. Representation of debtors and creditors in bankruptcy.
This firm is a federally qualified debt relief agency and, among other things, helps people file for bankruptcy relief under the Bankruptcy Code.

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This website should not be construed as the giving of legal advice or the formation of an attorney-client relationship. Results of a case will vary based on the facts, circumstances, and legal issues involved. All cases must be properly reviewed prior to determining applicable law and likely conclusions. Attorney Mark J. Markus is responsible for the content of this website.
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