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Means Test
The means test was designed to limit the abuse of Chapter 7 bankruptcy to those debtors who truly can't pay their debts. The Means Test accomplishes this feat by deducting specific monthly expenses from your "current monthly income" (your average income over the six calendar months before you file for bankruptcy) to arrive at your monthly "disposable income." The higher your disposable income, the more likely you won't be allowed to use Chapter 7 bankruptcy.
Only Chapter 7 bankruptcy filers with primarily consumer debts, not business debts, need to take the means test. To take the means test, you must first determine whether your income is more or less than the median income in your state. If you earn more than the median, you must determine out whether you would have enough left over, after subtracting certain expenses, to repay some of your debt. For those whose household income exceeds their state’s median income, the means test computations are more complex. You must determine whether you have enough income left over (called "disposable income"), after paying your "allowed" monthly expenses, to pay off at least a portion of your unsecured debts (such as credit card bills). If your disposable income is too high, you fail the means test and cannot file for Chapter 7 bankruptcy.
Median income levels vary by state and household size, and each county and metropolitan region has different allowed amounts for categories of expenses: basic necessities, housing, and transportation. For further assistance contact your Local Bankruptcy Attorney in your county.
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