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The Means Test in Bankruptcy

Dec 16, 2022

 

Although Chapter 7 is the most common kind of bankruptcy for consumers, it is not available to everyone. The means test was established to the bankruptcy legislation in 2005, and it is the most significant hurdle to qualifying for Chapter 7 relief. The means test examines your income and spending and knocks you out of Chapter 7 if the figures do not fall within defined parameters.

The Means Test in Chapter 7: Overview Articles

The Bankruptcy Means Test: Do You Qualify for Chapter 7?

Learn about the Chapter 7 bankruptcy means test to see whether you qualify for Chapter 7 bankruptcy. We explain the calculating technique you’ll use to determine if you’ll qualify for Chapter 7 bankruptcy.

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Table of Contents

      • The Chapter 7 Means Test and Household Size
      • Exceptions: When the Means Test Is Not Required
      • The Bankruptcy Means Test — Income Concerns
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The Chapter 7 Means Test and Household Size

Determine who is considered a member of your household for the purposes of the means test.

Common Errors in the Bankruptcy Means Test

The means test decides whether you are qualified for Chapter 7 bankruptcy and the duration of your Chapter 13 plan. Filling out the long form might be difficult. Find out some of the most typical errors made while completing it, as well as whether you have to fill it out at all.

Exceptions: When the Means Test Is Not Required

Debts of Consumers vs. Non-Consumers for the Bankruptcy Means Test

Determine if a debt is consumer or non-consumer (enterprise) for the purposes of the bankruptcy means test.

The Bankruptcy Means Test — Income Concerns

The Chapter 7 Means Test and Household Size

Determine who is considered a member of your household for the purposes of the means test.

Is the income from veterans’ benefits subject to the Chapter 7 Means Test?

Under the Chapter 7 bankruptcy means test, you must count veterans’ benefits as income.

Is it necessary to disclose my spouse’s salary on my bankruptcy petition even if I’m filing alone?

You must mention your spouse’s income on your bankruptcy filings even if you file without your spouse.

Is Social Security Income Considered in the Chapter 7 Means Test?

Is Social Security and unemployment income included in the means test?

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