justbroke
05-20-2009, 06:38 PM
I was studying some more cases (yes, I need to stop). I came across this...
[C]oncepts of fairness involve equitable principles and judicial discretion. Congress had neither of these in mind in enacting the means test in 11 U.S.C. §707(b). The means test presents a backward looking litmus test performed using mathematical computation of arbitrary numbers, often having little to do with a particular debtor’s actual circumstances and ability to pay a portion of debt. Congress has already determined the fairness of application of the means test, and a major objective of the legislation was to remove judicial discretion from the process.
In re Hartwick, 352 B.R. 867 (Bankr. D.Minn. 2006)I love this Judge! He was basically talking about a Trustee who thought it wasn't fair that a debtor could use, in the means test, future payments on collateral that they intended to surrender!
Love it!
[C]oncepts of fairness involve equitable principles and judicial discretion. Congress had neither of these in mind in enacting the means test in 11 U.S.C. §707(b). The means test presents a backward looking litmus test performed using mathematical computation of arbitrary numbers, often having little to do with a particular debtor’s actual circumstances and ability to pay a portion of debt. Congress has already determined the fairness of application of the means test, and a major objective of the legislation was to remove judicial discretion from the process.
In re Hartwick, 352 B.R. 867 (Bankr. D.Minn. 2006)I love this Judge! He was basically talking about a Trustee who thought it wasn't fair that a debtor could use, in the means test, future payments on collateral that they intended to surrender!
Love it!