Declaring Bankruptcy: Means Test and Chapter 7

What is a bankruptcy means test?

In the bankruptcy process, a means test determines who is qualified for debt-settlement through a bankruptcy Chapter 7. Family size, expenses, and income are taken into consideration to determine if a debtor has enough income to be able to repay outstanding debts.

(Bankrupt individuals who do not pass the means test or who wish to keep certain property can instead opt for restructuring. Filing for bankruptcy under Chapter 13 would allow you to restructure debts you owe and pay back most of it through a repayment plan.)

What is the means test for?

The means test is composed of two parts that are both meant to see whether debtors have enough disposable income that can be allocated to paying off creditors. Bankruptcy attorneys fill out the required form together with other supporting documents. The bankruptcy court will then evaluate the submitted paperwork.

This test is primarily for consumer bankruptcy or those with medical debts or credit card debts. It is not required for business bankruptcy. This article explores this bankruptcy procedure and how the means test affects your bankruptcy case.

  • Step 1

Broadly, this part checks your household income. Following bankruptcy laws, it must be below the median income in your state. You can begin by collecting proof of your monthly income for the last six months. If your income does not exceed the median in your state, you pass this part and hopefully can file a Chapter 7.

  • Step 2

 bankruptcy Chapter 7This part is about expenditure. Prepare documentation of your groceries, rent, medical costs, clothing, and other living expenses for the last six months. These are deducted from your income and what’s left is considered ‘disposable’. Under the bankruptcy code, the latter could be allocated to pay back your lenders.

Be extra thorough when gathering documents for the above. Bankruptcy law is strict. Avoid making crucial mistakes and do not omit items or list down inconsistent values (say, different amounts for monthly payments). Bankruptcy attorneys could help ensure you do this part correctly.

When disposable income is low enough, you may qualify to file a Chapter 7. (If you decide on filing a Chapter 13, this would factor into your payment plan. A bankruptcy petition lawyer can explain this to you in more detail).

What if I pass?

Once you pass, discuss with your attorney if you should push through with a Chapter 7 type of bankruptcy. If you wish to have your unsecured debt discharged, it could indeed be the right choice. Discharging your credit card debt, medical bills, and other unsecured debts through Chapter 7 could be the best debt-relief option for you.

Take note, however, that different types of bankruptcy work best in different circumstances. Make sure you get a reliable bankruptcy attorney helping you as you make your decision.

What if I fail?

Although you cannot appeal, it does not automatically make filing a Chapter 13 your only option. Since the income and expenses submitted are from the last six months, you can take the test again after six months.

(If you fail again or if you cannot wait for another six months before you file for bankruptcy, you might need to settle for a Chapter 13. As mentioned, under this bankruptcy type, you pay back what is owed in three to five years.)

Undergoing bankruptcy counseling, contacting a bankruptcy law firm, and taking the means test are a few of the first steps that you must take when filing for bankruptcy.

Rebuilding credit after bankruptcy could be difficult. However, keep in mind that secured loans and secured credit cards help counter the bankruptcy filing on your credit report.

Do you need more bankruptcy information? Talk to a bankruptcy attorney now!

If you are considering bankruptcy, it is important to understand bankruptcy rules. Our experienced bankruptcy lawyers in Illinois can address your queries so you can begin the first step to a fresh start. Contact us at Cutler & Associates, LTD and schedule your free initial consultation.

Related Posts

Archive

August 2024

May 2024

April 2024

March 2024

February 2024

January 2024

December 2023

November 2023

October 2023

September 2023

August 2023

July 2023

June 2023

May 2023

April 2023

February 2023

January 2023

November 2022

October 2022

September 2022

August 2022

May 2022

April 2022

March 2022

February 2022

January 2022

December 2021

November 2021

October 2021

September 2021

August 2021

July 2021

June 2021

May 2021

April 2021

March 2021

February 2021

January 2021

December 2020

October 2020

September 2020

July 2020

June 2020

May 2020

April 2020

March 2020

February 2020

January 2020

December 2019

November 2019

October 2019

September 2019

August 2019

July 2019

June 2019

May 2019

April 2019

March 2019

February 2019

January 2019

December 2018

November 2018

October 2018

September 2018

August 2018

July 2018

June 2018

May 2018

April 2018

March 2018

February 2018

January 2018

November 2017

October 2017

September 2017

August 2017

July 2017

June 2017

May 2017

April 2017

March 2017

February 2017

January 2017

December 2016

November 2016

October 2016

September 2016

August 2016

July 2016

June 2016

May 2016

April 2016

March 2016

February 2016

January 2016

December 2015

November 2015

October 2015

July 2015

June 2015

May 2015

April 2015

March 2015

February 2015

January 2015

December 2014

November 2014

October 2014

September 2014

August 2014

July 2014

June 2014

May 2014

April 2014

March 2014

February 2014

January 2014

December 2013

November 2013

October 2013

September 2013

August 2013

July 2013

June 2013

May 2013

April 2013

March 2013

February 2013

January 2013

December 2012

November 2012

October 2012

September 2012

August 2012

July 2012

June 2012

May 2012

April 2012

March 2012

February 2012

January 2012

December 2011

November 2011

October 2011

September 2011

August 2011

July 2011

June 2011

May 2011

April 2011

March 2011

February 2011

January 2011

Categories