If you’re struggling with debt, you may be considering filing for Chapter 7 bankruptcy. But how do you know if you qualify for this type of bankruptcy? The answer lies in something called the “means test.” In this blog post, we’ll explain how the means test works and what you need to do to qualify for Chapter 7 bankruptcy.
The first thing the means test looks at is your gross income over the past six calendar months. If your income is not more than the published median income for your state and family size, you don’t need to complete the rest of the means test. Many people qualify for Chapter 7 based on their income alone.
However, if your income is more than the median income number, you’ll need to complete the rest of the means test. This involves deducting certain expenses from your income, but you can’t deduct just any expense. The allowed deductions are based on a complicated set of rules, which can trip up many people.
Once you’ve deducted your allowed expenses, you’ll be left with your “monthly disposable income.” If your monthly disposable income is less than a certain number, you’ve passed the means test and can qualify for Chapter 7 bankruptcy. But if your monthly disposable income is more than another number, you won’t pass the means test.
It’s important to note that the means test is not a simple test, and there are many traps for the unwary. That’s why it’s best to work with an experienced bankruptcy attorney who can guide you through the process and help you avoid common pitfalls.
In summary, to qualify for Chapter 7 bankruptcy, you’ll need to pass the means test. This involves looking at your income over the past six months, deducting allowed expenses, and calculating your monthly disposable income. If your monthly disposable income is less than a certain number, you may qualify for Chapter 7 bankruptcy. However, the means test is a complicated process, so it’s important to work with an attorney who can help you navigate the process and achieve the best possible outcome.
Schedule a free telephone appointment to discuss your unique debt situation with attorney Jennifer Weil at my Setmore page.
