What is a means test?

A "means test" in a bankruptcy proceeding is one of the factors used to determine whether an individual debtor is eligible to file for bankruptcy under Chapter 7. The means test looks at the debtor's aggregate current monthly income (looked at over a number of years). If the net of that income, disregarding certain allowed expenses, is above the current income limit, then the debtor may not be eligible for filing under Chapter 7 unless he or she can prove special circumstances which would justify additional expenses or adjustments of current monthly income beyond those income/expense limits.

Other Bankruptcy FAQs

Q: What Is Bankruptcy?
A: A bankruptcy is a legal declaration that an individual or organization is unable to pay its creditors or debts. Bankruptcy filings are mostly regulated by laws … More
Q: Do I Need An Attorney To File Bankruptcy?
A: Federal law does not require you to have an attorney. You are allowed to file pro se, that is, on your own without an attorney. However, without the assistance of an … More
Q: Who Can File For Bankruptcy?
A: Any person, partnership, corporation or business trust may file bankruptcy. In addition, charitable or social organizations may also file for bankruptcy. United States … More
Q: How Do I Know If I Should File For Bankruptcy?
A: You should file if you are unable to pay your debts and there is no possibility that you ever will. The most common reasons for filing for bankruptcy are unemployment, … More
Q: Will I Lose My House, Car, And Other Personal Property?
A: Not necessarily, each state has laws that determine which items or property are exempt from being taken away. For example, many states exempt personal items such as … More
Q: After I File For Bankruptcy – Will My Creditors Still Be Able To Call Me?
A: Yes. When filing for bankruptcy the “automatic stay” prohibits creditors from trying to collect on debts. These efforts include being prohibited from … More
Q: How Long Will A Bankruptcy Show On My Credit Reports?
A: The Bankruptcy Court has no jurisdiction over credit reporting agencies. The Fair Credit Reporting Act, 6 U.S.C. Section 605, is the law that controls credit reporting … More
Q: What Is A Claim?
A: In the broadest sense, a claim is any right to payment held by a person or company against you and your bankruptcy estate. A claim does not have to be a past due … More
Q: Can I File For Bankruptcy Every Few Years?
A: No. Once a discharge is granted, a debtor who filed under Chapter 7 or 11 is prohibited from filing for another 6 years. However, a debtor who filed under Chapter 7 … More
Q: Is There A Limit On The Number Of Times That I Can File For Bankruptcy?
A: The time periods between bankruptcies depends on the type of the previous filing and the type of new filing. If your new filing is a Chapter 7, you must wait … More