"Means test not a big deal," says Alabama Bankruptcy Lawyer
A story in the Birmingham News quotes several Alabama bankruptcy attorneys who are not terribly concerned about the means test. According to bankruptcy attorney David Botes, the means test is "not a big deal, it's a red herring." In fact, he predicts that fewer than 10 percent of his clients who wish to file under Chapter 7 will be precluded from doing so because of the means test. Mr. Botes is much more concerned about the burdensome effects of the new tax filing rules (see my November 3rd post on this issue) and the credit counseling requirements.
Tom Reynolds, another Alabama bankruptcy practitioner who is also a local Chapter 7 Trustee, has a helpful tip for those seeking to avoid the pain of the means test. Because "the means test is based on wages during the six months prior to filing, ... some lawyers may have their clients file during a slow period of employment or while they are between jobs." In other words, simply timing the filing of your Chapter 7 case may help you get by the means test.
