Ninth Circuit Rules that Means Test Controls Chapter 13 Plan Length and Payment

Means Test Controls Chapter 13 Length and Payment Amount The Ninth Circuit Court of Appeals in Maney v. Kagenveama (In re Kagenveama), 527 F.3d 990 (9th Cir. June 2008) held that where an above-median chapter 13 debtor has negative “disposable income” per the means test but a monthly surplus per schedules I and J, the debtor is NOT required to propose a five year plan and the plan payment need not be based on the surplus. Since the new bankruptcy [...]