The means test is a method of determining what sort of bankruptcy case you can file. This is typically a choice between Chapter 7 or
Chapter 13 bankruptcy.
This test looks at your total income.
And it looks at your disposable income.
Total income is how much money you made during a given period of time.
Disposable income is how much money you have left after allowed expenses.
Total income is calculated by looking at the six months before you expect to file your petition.
For example, if you expect to file your petition on Jan. 1 then the means test looks at your income in December and the five months before that.
And doubles it. Simple as that.
The Means Test: What Is It?
If your total income is too high or your disposable income is too high you may be required to file a Chapter 13 bankruptcy rather than a Chapter 7 bankruptcy.
Sometimes you will have a choice between chapter 7 and chapter 13.
Sometimes you will not.
Most attorneys use specialized software to prepare bankruptcy petitions.
This software handles the total income and disposable income calculations.
So, generally, the way an attorney determines where you fall is by taking your income and expense information, entering that information into the software and reviewing the results.
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John Ceci PLLC is a debt relief law firm.
I help people file for bankruptcy relief under the bankruptcy code. Nothing on this site is intended to be legal advice for your specific situation.
The information offered is just that: information.