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Commercial Law & Bankruptcy & Consumer Law: Means Test in Chapter 13 (SCB171019)
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When: Thursday, October 19, 2017
5:30 p.m. - 8:30 p.m.
Where: Hartford Club
46 Prospect St
Hartford, Connecticut  06103
United States
Contact: Member Service Center

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“Hot Issues Involving the Means Test in Chapter 13”

Panel Discussion, moderated by Judge Nevins

CLE Credits:
*CT: 1.5 CLE Ethics Credits
*NY: 0.0 CLE Credits

The Consumer Bankruptcy Law Committee of the Commercial Law and Bankruptcy Section proudly presents a topical discussion on the Means Test as set forth in Section 707(b) as created by BAPCPA. The Panelist, Attorneys Charles A. Maglieri, Scott Charmoy and Patrick Crook, Legal Counsel for Chapter 13 Trustee Roberta Napolitano, will present the program along with the Moderator, the Honorable Ann Nevins, Bankruptcy Court Judge, (New Haven), and will examine the key components of the Means Test applicable to both Chapters 7 and 13, with specific focus on:

  1. Definition of "Current Monthly Income" and "Disposable Monthly Income";
  2. Marital Adjustment deductions and where in the Code are they allowed?
  3. The meaning of "Special Circumstances" and how that notion is applied in Chapter 7 and in 13;
  4. Certain categories of expenses which may or may not be allowed on the Means Test and what to do about those expenses?
  5. The Due Diligence necessary to complete and file the Means Test;
  6. The Debt Relief Agent restrictions on being "creative" on the Means Test and FRBP, Rule 9011 significance of Attorney's Signature on the Form;
  7. Totality of Circumstances objection when Means Test doesn't show a "presumption of abuse";
  8. Can one not qualify for either Chapter 7 or Chapter 13?

Please join the Panelists for a lively discussion on the Hot Topics which everyone ought to know about the Means Test.

U.S. Bankruptcy Judge Ann Nevins
Scott M. Charmoy,
Charmoy & Charmoy, Fairfield
Patrick Crook, Staff Attorney for Roberta Napolitano, Chapter 13 Standing Trustee
Charles A. Maglieri,
Law office of Charles A. Maglieri, Bloomfield

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