Philadelphia Bankruptcy Lawyer Blog

Less people sought unemployment benefits last week than in prior weeks, a sign of growing market strength -- at least on a national level. Unfortunately, Pennsylvania saw an increase in filings (up 2859) due to layoffs in food service, lodging, entertainment, healthcare, and science/technology services. By comparison, the greatest movers were New York, with an increase of 16,478, while Massachusetts was down 2974.

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The Means Test is a way of making sure that a debtor who seeks a discharge through Chapter 7 bankruptcy is not "abusing the system." In fact, the law does use the term "abuse" in connection with the means test formulation. Consider that, as a general statement, it would be "unfair" for people who make a million dollars a year to file a bankruptcy and receive a quick discharge. To do so, using the language of the law, would mean that a "presumption of abuse" exists. To overcome this presumption, the Means Test is filled out to show that the debtor is, indeed, using the law as it was intended: non-abusively.

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