On the recordJanuary 28, 2004
it is because of the unique financial situations that veterans and military personnel often find themselves in as a result of their military service to our country that I support this motion to recommit, which would exempt them from the means test under Chapter 7. The means test used to determine whether a debtor can file under Chapter 7 is an arbitrary bureaucratic formula. Its mathematical variables really do not reflect the unique circumstances of deployed military personnel that experience sudden loss of income. The test does not look at the debtor's actual expenses or personal situation. Rather, it uses a hypothetical expense of what a debtor's cost of living is mathematically determined to be. The means test uses this figure to calculate excess money, and when someone has too much excess money, they are prohibited from filing under Chapter 7. The only recourse left to the individual denied this is a court motion for permission to use actual income and expenses, and such a motion takes time and money, something our soldiers and our veterans do not have. So I would just simply ask my colleagues to consider what we have asked of our veterans and what we are currently asking of our military personnel. They have endured much for us, and I ask that we simply honor their service by voting for this exemption.
Source
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