Wednesday, March 3, 2010

Massachusetts Bankruptcy Court Releases New Figures for 28 U.S.C. and 11 U.S.C. For All Cases Filed After April 1, 2010

Pursuant to Title 11 U.S.C. § 104(b), certain dollars amounts in the Bankruptcy Code will be adjusted for cases filed on or after April 1, 2010. Please see the chart below for details.

28 U.S.C.Dollar Amount to be AdjustedNew (Adjusted) Dollar Amount
1409(b) - a trustee may commence a proceeding arising in or related to a case to recover (1) - money judgment of or property worth less than (2) - a consumer debt less than (2) - a non consumer debt against a non insider less than$1,100 $16,425 $10,950$1,175 $17,575 $11,725
11 U.S.C.
101 (3) - definition of assisted person$164,250$175,750
101(18)(A) & (B)(ii) - definition of family farmer$3,544,525 (each time it appears)<$3,792,650 (each time it appears)
101(l9A)(A)(i) & (b)(ii)(II) - definition of family fisherman$1,642,500 (each time it appears)$1,757,475 (each time it appears)
101(51D) (A) & (B)- definition of small business debtor$2,190,000 (each time it appears)$2,343,300 (each time it appears)

109(e) - allowable debt limits for individual filing bankruptcy under chapter 13
$336,900 (each time it appears) $1,010,650 (each time it appears)$360,475 (each time it appears) $1,081,400 (each time it appears)
303(b) - minimum aggregate claims needed for the commencement of involuntary chapter 7 or chapter 11 bankruptcy (1) - in paragraph (1) (2) - in paragraph (2)$13,475 $13,475$14,425 $14,425
507(a) - priority expenses and claims (1) - in paragraph (4) (2) - in paragraph (5) (3) - in paragraph (6) (4) - in paragraph (7)$10,950 $10,950 $5,400 $2,425$11,725 $11,725 $5,775 $2,600
522( d) - value of property exemptions allowed to the debtor (l) - in paragraph (1) (2) - in paragraph (2) (3) - in paragraph (3) (4) - in paragraph (4) (5) - in paragraph (5) (6) - in paragraph (6) (7) - in paragraph (8) (8) - in paragraph (11 )(D)$20,200 $3,225 $525 $10,775 $1,350 $1,075 $10,125 $2,025 $10,775 $20,200$21,625 $3,450 $550 $11,525 $1,450 $1,150 $10,825 $2,175 $11,525 $21,625
522(f)(3)(B) - exception to lien avoidance under certain state laws$5,475$5,850
522(f)(4)(B)- items excluded from definition of household goods for lien avoidance purposes$550 (each time it appears)$600 (each time it appears)
522(n) - maximum aggregate value of assets in individual retirement accounts exempted$1,095,000$1,171,650
522(p)(1) - qualified homestead exemption$136,875$146,450
522(q)(l) - state homestead exemption$136,875$146,450
523(a)(2)(C) - exceptions to discharge in sub clause (i)(I) - consumer debts, incurred$550 $825$600 $875
541 (b)- property of the estate exclusions (1) - in paragraph (5)( C) – education IRA funds in the aggregate (2) - in paragraph (6)( C) – prepurchased tuition credits in the aggregate$5,475 $5,475$5,850 $5,850
547(c)(9) - preferences, trustee may not avoid a transfer if, in a case filed by a debtor whose debts are not primarily consumer debts, the aggregate value of property is less than$5,475$5,850
707(b) - dismissal of a case or conversion to a case under chapter 11 or 13 (means test)

(1) - in paragraph (2)(A)(i)(I)

(2) - in paragraph (2)(A)(i)(II)

(3) - in paragraph (2)(A)(ii)(IV)

(4) - in paragraph (2)(B)(iv)(I)

(5) - in paragraph (2)(B)(iv)(II)

(6) - in paragraph (5)(B)

(7) - in paragraph 6(C)

(8) - in paragraph 7(A)(iii)




$6,575

$10,950

$1,650

$6,575

$10,950

$1,100

$625

$575





$7,025

$11,725

$1,775

$7,025

$11,725

$1,175

$625

$625

1322(d)(l)(c) & (2)(c) - contents of chapter 13 plan, monthly income$575 (each time it appears)$625 (each time it appears)
1325(b)(3) & (b)(4) - chapter 13 confirmation of plan, disposable income$575 (each time it appears)$625 (each time it appears)
1326(b)(3)(B)- payments to former chapter 7 trustee$25$25


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