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  1. #4
    Join Date
    Sep 2010
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    478

    Default Re: What Happens in an Involuntary Bankruptcy if the Debtor Doesn't Meet the Means Te

    Quote Quoting Taxing Matters
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    Thus, it seems to me an involuntary case isn't going to be dismissed because of a failure of the debtor to meet the means test.
    The analysis is correct.

    In an Involuntary case, the Order for Relief is entered only after the debtor was given the opportunity to Answer the Complaint and defend his/her right NOT to be in bankruptcy. If an Order for Relief under Chapter 7 is signed, there has already been a determination that the Chapter 7 is appropriate.

    Edit to add: If the debtor losses his/her fight to get out of bankruptcy and wants to keep control of his/her assets, he/she can move to convert the case to whatever Chapter he/she deems appropriate. The Court will decide if a Motion to Convert filed by the debtor should or should not be granted.

    Des.

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