John Hope Bryant: “In order to have effective bankruptcy reform, we need to have in this bill a set of uniform standards as to whether or…”

“In order to have effective bankruptcy reform, we need to have in this bill a set of uniform standards as to whether or not someone should be allowed to file in Chapter 7 or in Chapter 13 bankruptcy. The reason I oppose this amendment is that it would effectively damage the means test, using an open-ended subjective standards test. In effect what that does in the real courtroom, it allows the debtor's expenses, rather than being determined in a uniform fashion, to be determined on a case-by-case, jurisdiction-by-jurisdiction, court-by-court basis, bound only by the limits of the debtor's imagination or the discretion of the judge. The debtor may deduct any expense, if they can show that it is reasonably necessary. If there is ever a word that is litigated to the ``Nth'' degree, it is the word ``reasonable.'' That is what you are inviting in this situation. It invites an open door for litigation every time there is a dispute over what is meant by ``reasonably necessary.'' By having more litigation, you increase the administrative burdens on the bankruptcy system and already add to a costly situation.”