Page:United States Statutes at Large Volume 119.djvu/47

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PUBLIC LAW 109-000—MMMM. DD, 2005

PUBLIC LAW 109–8—APR. 20, 2005

119 STAT. 29

‘‘(II) any additional payments to secured creditors necessary for the debtor, in filing a plan under chapter 13 of this title, to maintain possession of the debtor’s primary residence, motor vehicle, or other property necessary for the support of the debtor and the debtor’s dependents, that serves as collateral for secured debts; divided by 60. ‘‘(iv) The debtor’s expenses for payment of all priority claims (including priority child support and alimony claims) shall be calculated as the total amount of debts entitled to priority, divided by 60. ‘‘(B)(i) In any proceeding brought under this subsection, the presumption of abuse may only be rebutted by demonstrating special circumstances, such as a serious medical condition or a call or order to active duty in the Armed Forces, to the extent such special circumstances that justify additional expenses or adjustments of current monthly income for which there is no reasonable alternative. ‘‘(ii) In order to establish special circumstances, the debtor shall be required to itemize each additional expense or adjustment of income and to provide— ‘‘(I) documentation for such expense or adjustment to income; and ‘‘(II) a detailed explanation of the special circumstances that make such expenses or adjustment to income necessary and reasonable. ‘‘(iii) The debtor shall attest under oath to the accuracy of any information provided to demonstrate that additional expenses or adjustments to income are required. ‘‘(iv) The presumption of abuse may only be rebutted if the additional expenses or adjustments to income referred to in clause (i) cause the product of the debtor’s current monthly income reduced by the amounts determined under clauses (ii), (iii), and (iv) of subparagraph (A) when multiplied by 60 to be less than the lesser of— ‘‘(I) 25 percent of the debtor’s nonpriority unsecured claims, or $6,000, whichever is greater; or ‘‘(II) $10,000. ‘‘(C) As part of the schedule of current income and expenditures required under section 521, the debtor shall include a statement of the debtor’s current monthly income, and the calculations that determine whether a presumption arises under subparagraph (A)(i), that show how each such amount is calculated. ‘‘(D) Subparagraphs (A) through (C) shall not apply, and the court may not dismiss or convert a case based on any form of means testing, if the debtor is a disabled veteran (as defined in section 3741(1) of title 38), and the indebtedness occurred primarily during a period during which he or she was— ‘‘(i) on active duty (as defined in section 101(d)(1) of title 10); or ‘‘(ii) performing a homeland defense activity (as defined in section 901(1) of title 32). ‘‘(3) In considering under paragraph (1) whether the granting of relief would be an abuse of the provisions of this chapter in a case in which the presumption in subparagraph (A)(i) of such paragraph does not arise or is rebutted, the court shall consider—

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