Bankruptcy Means Test Information
Congress passed new bankruptcy laws in 2005 and they produced new forms, including the Means Test in a Chapter 7 bankruptcy. The means test is supposed to tell the court whether or not you have enough disposable income left after paying your necessary living expenses to pay at least some amount to your creditors in order to settle your debts, rather than wiping them out. You are expected to complete this paperwork as well as the other changes that were governed like the pre-bankruptcy credit counseling and post-bankruptcy personal financial management courses.
Consisting of 57 questions, the means test lists your income and expenses and compares them to national and local averages for your family size. If most of your debt is not primarily consumer debt, or you are a disabled veteran “the presumption does not arise”, and you do not have to complete the majority of the form. The means test presumption of abuse signifies that you may have enough income to pay your debts. If you have enough income and the presumption does arise, your chapter 7 may be dismissed or you can be forced into a chapter 13 bankruptcy.
The second section will determine your income. You, and possibly your spouse, depending on how you plan on filing bankruptcy, will answer questions on your gross wages, business income, rental/property income, interest/dividends earned, child support, pension and any other income, averaged for the last 6 months. The third section will determine your average yearly income and compare it to the median family income based on the state you live in, and the size of your family. If you have a higher income than the other families, you must keep filling out the means test, if less, the presumption of abuse does not arise and you are done.
The next step is adding in your expenses which are determined by where you live and the number of people in your family, including food, clothing, health care, housing and utilities, transportation and other necessary expenses.
In part six the deductions listed in part five are calculated and used to determine how much disposable income you have left over. The presumption does not arise if you have under $6575 a year leftover, if you have more than $10,950, the presumption arises, and if you have somewhere inbetween $6576 and $10,949 you must proceed with the means test form which compares the amount of unsecured, non-priority debt you have with your disposable income.
The bankruptcy means test is confusing, so consulting a bankruptcy attorney is always a good option before you file bankruptcy.
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