The Fourth Circuit Court of Appeals has ruled that the statutory living expenses can be used to calculate the Means Test even if the debtor’s actual living expenses are less.
The case was decided today (January 4, 2017): Marjorie K Lynch v. Gabriel Levar Jackson and Monte Nicole Jackson, No. 15-01915-5-SWH in the Eastern District of North Carolina Bankruptcy Court.
The court found that the bankruptcy statutory language compelling the Means Test was unambiguous in that the statutory living expenses be used, not actual living expenses. 11 U.S.C.§ 707(b)(2)(A)(ii)(I).