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- Simplified Means Test
Simplified Means Test
A means test determines whether an individual is eligible for a certain form of assistance, and the enactment of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) led to the means test being used to determine whether a debtor qualified for a Chapter 7 bankruptcy discharge. The concept alone of having to submit to a means test can be enough to dissuade many people from even considering filing bankruptcy.
The means test need not invoke such fear, however. Several individuals easily qualify for Chapter 7 in Ohio and Kentucky, and many others are able to pass the means test by fully accounting for all applicable expenses and deductions that impact bankruptcy eligibility.
Bankruptcy Lawyer for Simplified Means Test in Cincinnati, OH
If you need help with the means test so you can file Chapter 7 bankruptcy in Kentucky or Ohio, it is in your best interest to make sure that you seek legal representation. Steiden Law Offices represents clients in communities throughout Hamilton County in Southern Ohio as well as Kenton County and Boone County in Northern Kentucky.
Our experienced Cincinnati bankruptcy attorneys understand the tremendous stress that comes with filing for bankruptcy and work to find the solutions that allow debtors to get fresh starts. Call right now to receive a free, confidential consultation that will allow our lawyers to review your case and discuss all of your legal options.
Northern Kentucky Simplified Means Test Information Center
- When can a Form 122A-1 be the only form required from a debtor?
- Who can benefit from a Form 122A-1 Supp?
- Where can I find more information about simplified means tests in Cincinnati?
People filing for bankruptcy complete the means test by completing one or more of the following forms: Form 122A-1, Form 122A-1 Supp, and/or Form 122A-2. The good news is that Form 122A-1 is the first such form a debtor will fill out, and if the individual's current monthly income is less than his or her state's median income, no other forms will need to be completed.
In completing a Form 122A-1, a debtor will indicate his or her marital and filing status before calculating his or her total current monthly income, which includes:
- 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.
If a debtor's current monthly income exceeds his or her state's median income, that individual may still be exempt from having to fill out Form 122A-2 if he or she either has primarily consumer debts or qualifies for a military service provision.
On a Form 122A-1 Supp, the debtor is first asked whether his or her debts are primarily consumer debts. Consumer debt is defined in 11 U.S.C. § 101(8) as “incurred by an individual primarily for a personal, family, or household purpose.”
When an individual's debts are not primarily consumer debts, he or she checks box 1 on Form 122A-1 which states, "[t]here is no presumption of abuse," signs Part 3, and submits Form 122A-1 Supp with the signed Form 122A-1. If the person's debts are primarily consumer debts, he or she completes Part 2, which asks whether the debtor is disabled veteran, as defined in 38 U.S.C. § 3741(1).
If the individual incurred debts mostly while he or she was on active duty or while he or she was performing a homeland defense activity, he or she checks box 1 on Form 122A-1 which states, "There is no presumption of abuse," signs Part 3, and submits Form 122A-1 Supp with the signed Form 122A-1. If the debtor does not satisfy these prerequisites, he or she may still be able to submit the Form 122A-1 Supp if he or she:
- Was called to active duty after September 11, 2001, for at least 90 days and remain on active duty;
- Was 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.
Bankruptcy Forms | United States Courts — The United States Court website is maintained by the Administrative Office of the U.S. Courts on behalf of the Federal Judiciary. Use this website to download the Chapter 7 Statement of Your Current Monthly Income (Form 122A-1), Statement of Exemption from Presumption of Abuse Under §707(b)(2) (Form 122A-1 Supp), and Chapter 7 Means Test Calculation (Form 122A-2). You can also find various voluntary petitions, schedules, and proofs of claim.
Steiden Law Offices | Cincinnati Simplified Means Test Attorney
Are you concerned about passing the bankruptcy means test when you file for Chapter 7? Contact Steiden Law Offices as soon as possible for help ensuring that you receive the financial relief you are seeking.
Our Cincinnati bankruptcy lawyers assist residents of communities all over Southern Ohio and Northern Kentucky. They can provide a complete evaluation of your case as soon as you call or fill out an online contact form to set up a free initial consultation.