Attorney Helps Greensboro Residents Understand the Means Test
Explaining the process to individuals in the Asheboro area
Congress enacted the means tests to ensure that Chapter 7 bankruptcy is only used by those who genuinely need it. Essentially, the means test is a formula that determines if you qualify for Chapter 7 bankruptcy. Many people considering bankruptcy want to file under Chapter 7 because it wipes away debt, instead of requiring repayment. At Blalock Law Offices, P.A., I help Asheboro-area residents understand the means test and if they qualify for Chapter 7.
How does the means test work?
To determine if you can file for Chapter 7, the first step of the means test is to determine your current monthly income (CMI). CMI is the average monthly income you received during the previous six-month period. To calculate CMI, you must include your income from nearly all sources. However, there are limited exceptions to the rule that all income must be reported.
Once you have calculated your CMI, you compare your income to the median income in your state and county for a household of your size. If your CMI is less than the median, you pass the means test and qualify for Chapter 7 bankruptcy. If your income is greater than your state’s median, you are not automatically disqualified from Chapter 7. Rather, you must determine your disposable income by subtracting allowable expenses from your CMI. If your disposable income is greater than a certain amount for your area, you are ineligible for Chapter 7.
What happens if I do not pass the means test?
If you do not pass the means test, you may be limited to Chapter 13 bankruptcy or alternative debt relief solutions. Under Chapter 13, you pay back all or a portion of the debt through a payment plan but can also take advantage of features exclusive to this chapter, including mortgage redemption and cram down. A Greensboro bankruptcy attorney can aid your understanding of the benefits each type of bankruptcy can bring to individuals and small businesses.
Contact us to get a clearer understanding of the means test
I understand that the means test can be a particularly confusing topic for many. At Blalock Law Offices, P.A., I counsel all clients one-on-one to give the personal attention you deserve. Please contact us at 336-609-6878 or online today.