Another Means Test- I&J question

[daylate]

I am thoroughly confused on this means test - Schedule I & J combination. So in doing some research I find this from the US Code

(7)
(A) No judge, United States trustee (or bankruptcy administrator, if any), trustee, or other party in interest may file a motion under paragraph (2) if the current monthly income of the debtor, including a veteran (as that term is defined in section 101 of title 38), and the debtor’s spouse combined, as of the date of the order for relief when multiplied by 12, is equal to or less than—
(i) in the case of a debtor in a household of 1 person, the median family income of the applicable State for 1 earner;
(ii) in the case of a debtor in a household of 2, 3, or 4 individuals, the highest median family income of the applicable State for a family of the same number or fewer individuals; or
(iii) in the case of a debtor in a household exceeding 4 individuals, the highest median family income of the applicable State for a family of 4 or fewer individuals, plus $525 per month for each individual in excess of 4.

The way I read this is that if you are under the median your Schedule I & J analysis doesn't really matter. If so, I'll sleep well tonight.

[tcreegan]

Hopefully you are asleep now.....

707(b)(7)(A) refers back to paragraph (2) which is the automatic flag that UST must file a motion to dismiss or convert under "presumption of abuse" for over-median filers. 707(b)(7)(A) is kinda redundant, says the UST can't throw the automatic over-median flag on under-median debtors.
707(b)(6) is pretty redundant too. And here is the glitch: 707(b)(7)(A) refers to (2) but not (1) and (3)


...the problem is the infamous 707(b)(1)

And the equally infamous 707(b)(3) ...the 'totality of circumstances' clause

...sorry to be the bearer of bad news....

Tom in Colo

[justbroke]

Tom has summarized this well, and I hope that you were sleeping! What you were reading really has to do with the Means Test only. If you follow many posts here, you'll read that I continue to say that the means test means nothing. (It does means something, as it's the "first" test that you must pass. Judges refer to it as a "bright line" test, meaning that you must "pass" the test. )

You can thank Congress for that ambiguous and sometimes confusing means test. Schedule I&J and other "circumstances" will always apply in every case. Under the median income filers don't get a free walk, but they do enjoy less scrutiny from the United States Trustee (UST) in general.

[daylate]

Thanks a lot...all I got to say is:

I couldn't sleep at all last night
Got to thinkin' of 707(b)
Baby things weren't right
Well I was tossin' and turnin'
Turnin' and tossin'
a-tossin' and turnin' all night

I kicked the blankets on the floor
Turned my pillow upside down
I never never did before
'cause I was tossin' and turnin'
Turnin' and tossin'
a-tossin' and turnin' all night

Jumped out of bed
Turned on the light
I pulled down the shade
Went to the kitchen for a bite
Rolled up the shade
Turned off the light
I jumped back into bed
It was the middle of the night

The clock downstairs was strikin' four
Couldn't get 707(b) off my mind
I heard the milkman at the door
'cause I was tossin' and turnin'
Turnin' and tossin'
a-tossin' and turnin' all night

Jumped out of bed
Turned on the light
I pulled down the shade
Went to the kitchen for a bite
Rolled up the shade
Turned off the light
I jumped back into bed
It was the middle of the night

The clock downstairs was strikin' four
Couldn't get you off my mind
I heard the milkman at the door
'cause I was tossin' and turnin'
Turnin' and tossin'
a-tossin' and turnin' all, yay, yay, yay
I was a-tossin' and turnin'

[Fade]

Turnin' and tossin'



Just a bit of humor...the wings of Lunesta

seriously thanks for the explanation-sheesh is this stuff convoluted