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The means test helps you determines if you are eligible for Chapter 7 bankruptcy and the length of your plan in chapter 13 bankruptcy. The lengthy form can be complicated to fill out. Find out some of the most common mistakes made when completing it, as well as if you have to fill it out at all.
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If you are filing for Chapter 13 bankruptcy, you do not need to complete the means test. However, you do need to complete a form almost identical to it – and that will determine how much you must pay in a Chapter 13 plan.
If you pass the means test, you get to choose the chapter of bankruptcy that furthers your goals. Fail, and you’re limited to Chapter 13, or some non bankruptcy form of relief. So, the magic calculation deducts future living expenses in certain categories from income from your recent past.
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High-income filers who fail the means test can use Chapter 13 bankruptcy to repay a portion of their debts, but won’t be able to use Chapter 7 bankruptcy to wipe out their debts altogether. However, having to take the Chapter 7 means test doesn’t mean that you must be penniless to use Chapter 7 bankruptcy.
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Which State to Use for Median Income to Pass the Means Test Wasson and Thornhill July 7, 2017 Qualifying for Bankruptcy If you’ve moved recently or have connections to more than one state, it’s important to know which state to use for the means test.
In a process that can be expensive and confusing, the means test clarifies whether you’re eligible for Chapter 7 bankruptcy or confined to Chapter 13. The means test has two parts, both designed.
People who do not pass the Chapter 7 means test are limited to Chapter 13 bankruptcy, which establishes a repayment plan for debts.
Means Test In Chapter 13 The same means test that is supposed to determine whether you can file Chapter 7 bankruptcy is used to decide what you must pay to creditors in Chapter 13. The test is not identical, but the principle is the same: use a standardized formula to calculate how much bankruptcy relief is available to this debtor.
This is an Official Bankruptcy Form. Official Bankruptcy Forms are approved by the Judicial Conference and must be used under bankruptcy rule 9009.
This is an Official Bankruptcy Form. Official Bankruptcy Forms are approved by the Judicial Conference and must be used under Bankruptcy Rule 9009.