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What is the means test in Chapter 7?

The means test compares a debtor's income for the previous six months to what he or she owes on debts. If a person has enough money coming in to gradually pay down debts, the bankruptcy judge is unlikely to allow a Chapter 7 discharge.

Does Chapter 7 means test use gross or net income?

On the first form\u2014Chapter 7 Statement of Your Current Monthly Income (Form 122A-1)\u2014you'll list all gross income received during the six full months before your bankruptcy filing date. You'll pass the test as long as your income doesn't exceed the state median income.

What is considered income for the means test?

For the means test purposes, your current monthly income (CMI) is the average monthly income you receive from all sources during the full six-month period preceding your filing date.

How is the means test calculated?

The means test is calculated by comparing the debtor's average income for the past six months (current monthly income), annualized, to the median income for households of the same size in the debtor's state of residence.

Is the means test based on gross income?

The bankruptcy means test uses the average gross monthly income derived from all different sources for 6 full months before you file your bankruptcy for the first part of the means test. This can be found in the bankruptcy form titled Chapter 7 Statement of Your Current Monthly Income.

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