The 11th Circuit said this reading of Section 707(b)(3) was too narrow. “Moreover, although the Witchers are correct that allowing each bankruptcy court to devise its own subjective means test under Section 707(b)(3) would defeat the purpose of the congressionally enacted means test in Section 707(b)(2), the same logic does not dictate that any factors that are considered under Section 707(b)(2) are by implication precluded from consideration under Section 707(b)(3). If you understood this, you are smarter than I am. I read this ten times and I am still getting a headache trying to understand what it really means. To make a long story short, the 11th Circuit agreed with the trustee that the totality of the circumstances in the case of Witcher made them look like the bad guys from head to foot.

Lawrence Bautista Yang is a graduate of Georgetown University Law Center and has been in law practice for thirty years. He specializes in bankruptcy, business and civil litigation and has handled more than five thousand successful bankruptcy cases in California. He speaks Mandarin and Fujien and looks forward to discussing your case with you personally. Please call (626) 284-1142 for an appointment at 1000 S Fremont Ave Bldg A-1 Suite 1125 Unit 58 Alhambra, CA 91803.