Wednesday, June 28, 2017
The 11th Circuit Court of Appeals recently decided Stratton C. Pollitzer, vs. Guy G. Gebhardt, which upheld the use of the means test in a converted case from Chapter 13 to Chapter 7 under §707(b). Although the bankruptcy code does not state the means test is to be used in a converted case, it does not deny its usage, and the 11th Circuit concluded it was congresses intent for it to be used.
The case can be viewed in its entirety at http://media.ca11.uscourts.gov/opinions/pub/files/201611506.pdf