How Not to File a Means Test

Most people who have read much of anything about Bankruptcy law in the last few years have heard about the much vaunted Means Test.  Personally, I don’t think it is all that big a bugaboo.  It does, however, eat time and documentation, require significant amounts of attorney time and expertise; and, as a general matter, drive clients up the nearest wall.

So, my favorite Means Test sleaze is to not file one.  Just don’t bother.  Leave the blessed thing blank.  You see, 707(b)(2) only applies to debtors whose debts are primarily consumer.  So, if your debts are primarily NOT consumer — no Means Test.  You check the little box and go on.  The problem for most people is that their mortgage balance is sufficient to tilt them over to the consumer side of things, but occasionally, that doesn’t happen.

So, every once in a while I get to file a bankruptcy and just skip the Means Test.    That is my kind of fun.

Elaine

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