Drowning in debt? You’re not alone. Many people explore bankruptcy as a way to get a fresh financial start. But before diving in, understanding the different types of bankruptcy and the mysterious “means test” is crucial. This blog post will explain what the means test is and how it applies to both Chapter 7 and Chapter 13 bankruptcy, the two most common types for individuals.
What is the Means Test?
Imagine the means test as a financial hurdle you might need to jump over to qualify for Chapter 7 bankruptcy. It’s a way for the court to assess your ability to repay a portion of your debts through a repayment plan. The test compares your average monthly income from the past 6 months to the median income for your household size in your state.
Why Does the Means Test Matter?
The means test plays a significant role in determining which Chapter of bankruptcy – 7 or 13 – is best suited for you. Here’s how it applies to each:
- Chapter 7 Bankruptcy (Liquidation): This is often called a “fresh start” bankruptcy because it allows you to discharge most unsecured debts like credit cards, medical bills, and personal loans. The good news? You might not even need to take the means test!
Here’s the catch: If your income is above the median income for your household size in your state, you’ll likely have to take the means test. If the test shows you have enough disposable income (money left after essential expenses) to repay some debts, the court may steer you towards Chapter 13 instead.
- Chapter 13 Bankruptcy (Repayment Plan): This Chapter allows you to create a manageable repayment plan (usually 3-5 years) to pay back your creditors a portion of what you owe. Here, the means test is less of a hurdle and more of a helpful tool. It ensures you have enough income to sustain a repayment plan while still covering living expenses.
The Bottom Line:
- Chapter 7: If your income falls below the median or you have high debt with limited assets, Chapter 7 might be the way to go. However, you might need to pass the means test if your income is above the median.
- Chapter 13: Choose Chapter 13 if you want to keep your assets (like your car or house) and have a steady income to contribute to a repayment plan. The means test helps ensure you can realistically stay on track with the plan.
Remember:
- The means test is just one factor in determining your bankruptcy eligibility.
- Speak with a qualified bankruptcy attorney to understand your options and navigate the complex legalities of bankruptcy.
Looking for More Information?
- National Consumer Law Center: Means Test Information [invalid URL removed]
- American Bankruptcy Institute: Chapter 7 vs. Chapter 13 [invalid URL removed]
By understanding the means test and the two main types of bankruptcy, you can make an informed decision about your financial future. Remember, you’re not alone in this journey!
