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Topics:

Keywords: means test . income . median income . IRS standards .

Topic #20:: Household Size & Unborn Children

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  • 3 Cases on This Topic
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Means Test > Household Size

Household Size & Unborn Children

3 Cases , IssueID 20

Ch 7 Means Test
Form 22A, Line 14b
Ch 13 Means Test
Form 22C Line 16b

Topic Description:

Household size matters a lot in the means test. Do you count your unborn child as part of your household? -- because the child WILL be part of your household during the future five years in which you would be paying into a hypothetical Chapter 13 plan...
Household size matters for purposes of median income, and for the amount of the expense allowances you are allowed according to the IRS tables.

Lines of Cases:

A:

Do not count child for purposes of household size and length of Ch 13 plan

B::

General Discussion

  • Type A = Do not count child for purposes of household size and length of Ch 13 plan
  • Type B = General Discussion
  • Type E = "Everything Else"
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Cases for Zip , California Northern District Bankruptcy Court

Ninth Circuit Cases

� In re Fleischman

Bankr. D. Or. - 372 B.R. 64 - 2007-06-09 - 13 ,

Google ID#: 7703104751127691787
(Type A : Do not count child for purposes of household size and length of Ch 13 plan )

Other Circuits

� In re Baker

Bankr. N.D.Ill. - No. 08 B 72480 - 2009-01-30 - 13 , Below

Google ID#: 16611025566337676078
(Type E : )

Child born after the petition was filed, but before the confirmation hearing, was counted for purposes of household size. The court interpreted Section 1325(b)(1) (which states that the applicable commitment period should be determined as of the plan's effective date), as meaning the date when the plan is confirmed.

� In re Pampas

Bankr.M.D.La. - 369 B.R. 290 - 2007-05-21 - 7 , Above

Google ID#: 10165864937484990688
(Type A : Do not count child for purposes of household size and length of Ch 13 plan )

do not count unborn children in determining household size

� In re Baker

Bankr. N.D.Ill. - No. 08 B 72480 - 2009-01-30 - 13 , Below

Google ID#: 16611025566337676078
(Type E : )

Child born after the petition was filed, but before the confirmation hearing, was counted for purposes of household size. The court interpreted Section 1325(b)(1) (which states that the applicable commitment period should be determined as of the plan's effective date), as meaning the date when the plan is confirmed.

� In re Fleischman

Bankr. D. Or. - 372 B.R. 64 - 2007-06-09 - 13 ,

Google ID#: 7703104751127691787
(Type A : Do not count child for purposes of household size and length of Ch 13 plan )

� In re Pampas

Bankr.M.D.La. - 369 B.R. 290 - 2007-05-21 - 7 , Above

Google ID#: 10165864937484990688
(Type A : Do not count child for purposes of household size and length of Ch 13 plan )

do not count unborn children in determining household size

All Cases A to Z

  • In re Baker, No. 08 B 72480 , (Bankr. N.D.Ill. ) 2009-01-30, #16611025566337676078
  • In re Fleischman, 372 B.R. 64 , (Bankr. D. Or. ) 2007-06-09, #7703104751127691787
  • In re Pampas, 369 B.R. 290 , (Bankr.M.D.La. ) 2007-05-21, #10165864937484990688

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