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Legal Opinion

In Re Jensen

United States Bankruptcy Court, C.D. California

Decided April 28, 2009No. 2:08-bk-15225 ERPublishedCited by 15 opinions

1Opinion of the Court

AMENDED MEMORANDUM OF DECISION

ERNEST M. ROBLES, Bankruptcy Judge.

Among the significant changes effected by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (“BAPC-PA”) 1 was the introduction of the § 707(b)(2) Means Test. 2 Designed to fer ret out abusive bankruptcy petitions, the Means Test creates a “presumption of abuse” if the debtor’s Current Monthly Income (CMI) — as determined by a detailed statutory formula — is above a certain amount. Debtors unable to rebut the presumption of abuse may have their cases dismissed or be required to fund a Chapter 13 plan. However,…

2Cases cited23 opinions

  1. Brown v. FelsenSupreme Court of the United States · 1979
  2. Local Loan Co. v. HuntSupreme Court of the United States · 1934
  3. United States v. Whiting Pools, Inc.Supreme Court of the United States · 1983
  4. TRW Inc. v. AndrewsSupreme Court of the United States · 2001
  5. Nobelman v. American Savings BankSupreme Court of the United States · 1993

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3Cited by15 opinions

  1. In Re RiversUnited States Bankruptcy Court, M.D. Florida · 2012
  2. In Re DeutscherUnited States Bankruptcy Court, N.D. Illinois · 2009
  3. In Re HageneyUnited States Bankruptcy Court, E.D. Washington · 2009
  4. In Re LorencaUnited States Bankruptcy Court, N.D. Illinois · 2010
  5. In Re KucharzUnited States Bankruptcy Court, C.D. Illinois · 2009

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