Means Test Chapter 13

exists, and you may convert the case to Chapter 13, or advise your client to file Chapter 13. Jump Buttons Help You Quickly Refer to Schedules I and J The Means Test Calculator contains Jump Buttons in the top right corner, allowing you to view or edit

When Congress overhauled the bankruptcy laws in 2005, there was a lot of hubbub over the "means test.". The good news is that if you plan to file for Chapter 13 bankruptcy, the means test has no bearing on your ability to do so. The means test is used only to weed out some folks from Chapter 7 bankruptcy eligibility.

If your income is higher than the Pennsylvania median you will need to complete the means test calculation to determine if you can pay back a portion of your unsecured debts through a Chapter 13 bankruptcy. Means Test Exemptions. If your debts are not primarily consumer debts then you are exempt from the means test.

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But bankruptcy courts are divided on whether the means test applies in a Chapter 7 case that was converted from a Chapter 13. While some jurisdictions require debtors to pass the means test when they convert their Chapter 13 to Chapter 7, other courts have held that the means test is not applicable in a conversion.

The Chapter 7 means test calculator has been updated for the latest median income figures for cases filed on or after April 1, 2016. This is your state’s monthly median family income for your family size:

Very little in bankruptcy causes more confusion and anxiety than the Chapter 7 means test. Many people assume that the means test will automatically force them into a Chapter 13 payment plan or prevent them from filing for bankruptcy at all. Although these assumptions are not true in most cases, the confusion is understandable.

The Means Test determines whether you qualify for relief under Chapter 7 and, if you file Chapter 13, what your plan payment will be.

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If so, you won’t be allowed to use Chapter 7; instead, you will have to use Chapter 13 if you want to file for bankruptcy. The main goal of the means test is to require higher earning debtors to pay back some or all of their debt in Chapter 13, rather than allowing them to discharge their debt in Chapter 7.