Understanding the Means Test and Chapter 7 Bankruptcy

Posted by Michael Lutfy | Feb 16, 2024 | 0 Comments

The means test formula used in Chapter 7 bankruptcy involves a series of calculations to determine a debtor's eligibility for relief. Here's a simplified overview of the formula:

  1. Calculate Average Monthly Income:

    • Determine the debtor's total income over the past six months.
    • Divide the total income by six to obtain the average monthly income.
  2. Compare to State Median Income:

    • Compare the debtor's average monthly income to the median income for their state and household size. This median income data is provided by the U.S. Census Bureau and updated periodically.
  3. If Below Median Income:

    • If the debtor's income falls below the median income for their state and household size, they automatically pass the means test and are eligible to file for Chapter 7 bankruptcy.
  4. If Above Median Income:

    • If the debtor's income exceeds the median income, further calculations are necessary.
  5. Deduct Allowable Expenses:

    • Subtract allowable expenses from the debtor's income to calculate their disposable income. Allowable expenses typically include:
      • Housing expenses (mortgage or rent)
      • Utilities
      • Transportation costs
      • Health care expenses
      • Child care expenses
      • Other necessary expenses outlined in the IRS standards and local bankruptcy rules.
  6. Compare Disposable Income to Threshold:

    • Compare the debtor's disposable income to a specified threshold to determine if they have sufficient disposable income to repay a portion of their debts through a Chapter 13 repayment plan.
    • If disposable income falls below the threshold, the debtor may still qualify for Chapter 7 bankruptcy relief.

It's important to note that the actual means test calculations can be more complex and may involve additional factors depending on individual circumstances and local bankruptcy rules. Additionally, consulting with a qualified bankruptcy attorney is crucial for accurately assessing eligibility and navigating the Chapter 7 bankruptcy process.

About the Author

Michael Lutfy

Michael C. Lutfy has spent years developing his skills as an attorney to help serve his clients. Mr. Lutfy has served as a law clerk under two federal judges—the Honorable H. Christopher Mott of the U.S. Bankruptcy Court in the Western District of Texas and the Honorable Paul G. Hyman of the U.S....

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