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Means Test Form
When a person takes a bankruptcy means test, it may involve completing one or more of a series of three forms. The number of additional forms that must be completed depends on whether an individual qualifies for Chapter 7 bankruptcy based on his or her income alone.
The primary purpose of the means test is to determine whether a debtor has enough income to repay his or her creditors an amount that would be a sufficient portion of his or her debt under the Bankruptcy Code. If the amount of disposable income on a bankruptcy means test gives rise to a presumption of abuse of the Bankruptcy Code, the debtor may be denied relief under Chapter 7 and forced to file Chapter 13 instead.
Lawyer in Cincinnati, OH Discusses Bankruptcy Means Test Form
If you are preparing to file for Chapter 7 bankruptcy anywhere in Ohio or Kentucky, it is in your best interest to ensure that you have legal representation before filling out any bankruptcy means test forms. Steiden Law Offices represents clients in communities all over Hamilton County in Southern Ohio as well as Kenton County and Boone County in Northern Kentucky.
Our Cincinnati bankruptcy attorneys have decades of combined experience handling all kinds of complicated bankruptcy cases. Call to have our lawyers review your case and discuss all of your legal options during a free, confidential consultation.
Northern Kentucky Chapter 7 Means Test Form Information Center
- Which forms comprise the means test?
- What information is required on these forms?
- Where can I find more information about means test forms in Cincinnati?
There are three different bankruptcy means test forms an individual may have to complete, depending on certain specifics relating to his or her case:
Any individual filing for Chapter 7 bankruptcy must fill out the Chapter 7 Statement of Your Current Monthly Income, also known as Form 122A-1. This form determines a debtor's current monthly income, compares it to the median family income for his or her state, and concludes whether there is a presumption of abuse. When there is no such presumption, the debtor is free to file for Chapter 7. If there is a presumption of abuse, the debtor may fill out either of the two following forms.
Form 122A-1 Supp
The Statement of Exemption from Presumption of Abuse Under §707(b)(2), or Form 122A-1 Supp, determines whether a debtor is exempt from the presumption of abuse because he or she either has primarily consumer debts or qualifies for a military service provision. The first part of the Form 122A-1 Supp is dedicated to determining which kinds of debts an individual has while the second part provides military provisions for people who either:
- Are a disabled veteran who incurred most of his or her debts while on active duty or while performing a homeland defense activity;
- Were called to active duty after September 11, 2001, for at least 90 days and remain on active duty;
- Were called to active duty after September 11, 2001, for at least 90 days and was released from active duty on a date which is fewer than 540 days before filing the bankruptcy case;
- Is performing a homeland defense activity for at least 90 days; or
- Performed a homeland defense activity for at least 90 days, ending on a date which is fewer than 540 days before filing the bankruptcy case.
A Chapter 7 Means Test Calculation form (Form 122A-2) must be filled out by any person whose Form 122A-1 shows an income above his or her state's median income level. The calculations involved in this form are the types that are commonly associated with means testing, usually involving a reduction in the amount of a person's current income by subtracting certain expenses and debts.
The calculations on the form result in a monthly disposable income for 60 months. If that amount less than $7,700, there is no presumption of abuse and the individual passes the means test. If it is more than $12,850, the debtor does not pass the means test and there is a presumption of abuse. If the amount is between $7,700 and $12,850, additional calculations are required.
The Form 122A-1 has three parts. The first part involves calculating a debtor's current monthly income. Factors included in calculating this amount include:
- Marital and filing status;
- Gross wages, salary, tips, bonuses, overtime, and commissions;
- Alimony and maintenance payments;
- All amounts from any source which are regularly paid for household expenses of you or your dependents, including child support;
- Net income from operating a business, profession, or farm;
- Net income from rental and other real property;
- Interest, dividends, and royalties;
- Unemployment compensation;
- Pension or retirement income; and
- Income from all other sources not listed above.
The second part of Form 122A-1 involves comparing the debtor's current monthly income to the median family income that applies to him or her, based on the state he or she lives in and the number of people in his or her household. The third and final part of this form is the debtor's signature declaring under penalty of perjury that the information on the statement and in any attachments is true and correct.
Form 122A-1 Supp only has two parts. The first part asks whether a debtor's debts are primarily consumer debts, and the second part determines whether military provisions apply to the debtor.
The Form 122A-2 is the longest of the three forms, with five parts. In the first part of this form, the debtor determines his or her adjusted income before calculating applicable deductions in the second part. Part 2 contains more than six pages of possible deductions.
In Part 3, a debtor determines whether there is a presumption of abuse, and Part 4 allows a debtor to give any details about special circumstances that justify additional expenses or adjustments of current monthly income for which there is no reasonable alternative. The fifth and final part of the Form 122A-2 is the debtor's signature declaring under penalty of perjury that the information on the statement and in any attachments is true and correct.
Chapter 7 Statement of Your Current Monthly Income | United States Courts — Visit this website to download Form 122A-1. You can also view form instructions and committee notes. If you believe that you are exempted from a presumption of abuse because you do not have primarily consumer debts or because of qualifying military service, complete and file Statement of Exemption from Presumption of Abuse Under § 707(b)(2) (Official Form 122A-1Supp) with this form.
Statement of Exemption from Presumption of Abuse Under §707(b)(2) | United States Courts — Download Form 122A-1Supp on this website. You can also view form instructions and committee notes. Official Bankruptcy Forms are approved by the Judicial Conference and must be used under Bankruptcy Rule 9009.
Chapter 7 Means Test Calculation | United States Courts — On this website, you can download Form 122A-2. You can also access form instructions and committee notes. To fill out this form, you will need your completed copy of Chapter 7 Statement of Your Current Monthly Income (Official Form 122A-1).
Steiden Law Offices | Cincinnati Chapter 7 Bankruptcy Means Test Attorney
Are you thinking about filing for Chapter 7 bankruptcy? If you live anywhere in Ohio or Kentucky, you will want to be sure to contact Steiden Law Offices as soon as possible.
Our Cincinnati bankruptcy lawyers help clients all over the Bluegrass region achieve financial freedom. You can have our attorneys provide a complete evaluation of your case when you call or submit an online contact form to take advantage of a free initial consultation.