Friday, January 26, 2007

Judge Votolato Holds that Means Test form must be filed in cases converted to Chapter 7

Long-time Rhode Island Bankruptcy Judge Arthur N. Votolato held recently in the case of In re Perfetto, --- B.R. ----, 2007 WL 172190 (Bankr.D.R.I., Jan 19, 2007)(NO. 06-10509) that upon conversion from Chapter 13 to Chapter 7 a debtor must file the B22A (means test) form. The import of this is that above median-income debtors in converted cases will have to run the means test gauntlet just like those who start out in Chapter 7. The judge called the issue one that raised "an issue of first impression in the Nation."







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