Bankruptcy in the 21st Century – The Means Test Tango

Date: Available 24/7 CLE Credits: 2 General

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Course Description

This program was recorded on December 12th, 2017

This course will both introduce you to the Bankruptcy Abuse Prevention and Consumer Protection Act through the lens of the means test and teach you how to tame it. We will briefly explore the implementation of the means test and then examine in detail its structural components. We will discuss how to get the data you need from your clients and how to respond to the most likely trustee objections in cases where a presumption of abuse arises. We will discuss tips and tricks to avoid having to complete the means test and to avoid hang ups from seemingly innocuous deductions. Finally, we will put it all together with some hypotheticals and explore the manifold contours of the Means Test between various Circuit Courts. At the end of this CLE you should feel comfortable reviewing and completing the means test and when to advise your clients of a possible confrontation at the meeting of creditors.

  • Theodore J. Piteo
    Theodore J. Piteo hails from the east coast, born in Chicago and raised in Kent, Ohio. He attended the Ohio State University Honors College where he received his Bachelor of Science in Business Administration and Computer Science. Today, Ted actively participates in the bankruptcy community both as a Local Rules Committee Member and as a volunteer for the community outreach program CARE. Ted’s practice focuses on Debt Litigation and Chapter 7 and Chapter 13 cases for both consumers and small businesses. He has presented CLE classes on Bankruptcy Law and Divorce and is an avid participant in the Oregon State Bar Debtor/Creditor Section. Ted is admitted to practice in Portland, Oregon and Ohio.

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      • 2 General Credits
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      Each On-Demand course is available to you for 1 year from date of purchase. Additionally, CLE credit is only available within that year.
    1. What is the Means Test – An Overview
    2. History of the Means Test and its implementation
    3. Means Testing Statutory Framework
    4. Exceptions to the Means Test
    5. Introducing the Debtor to the Means Test
    6. CMI to DMI – A Step by Step Approach
    7. Trustee Interaction and Litigation
    8. Circuit Splits and the Means Test
    9. Hypotheticals
    10. Closing Remarks

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