- 11 U.S.C.
In re Thelen
Mar
23
2010
Ruling
Averaging child care expenses over six month current monthly income period was appropriate calculation and results prevented presumption of abuse from arising.
Procedural posture
A bankruptcy administrator filed a motion to dismiss a chapter 7 debtor's case pursuant to 11 U.S.C.S. § 707(b)(1). At issue was the appropriate formula by which to calculate the debtor's child care expenses for purposes of Official Form B22A, pursuant to which the means test was calculated.
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Court
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