Free Bankruptcy Means Test Calculator For Your State, County & Zip Code - Based on Bankruptcy Form 22A

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CloseWhat is the means test?

You may have read that the new bankruptcy law imposes a "means test" on who can file for Chapter 7 bankruptcy.

You might think this new test will prevent you from filing. But, chances are, you're wrong. Most people considering bankruptcy have no trouble passing the means test. Indeed, some lawyers think more people will qualify for Chapter 7 under this test than under the old law, where judges had no fixed formula.

Use this calculator find out where you stand.

The Formula

The law now uses a standard mathematical formula to determine whether you can file for Chapter 7 -- or, to put it in legal terms, whether filing for Chapter 7 would be an 'abuse' of the bankruptcy system. (Those who fail the means test, are left with a Chapter 13 repayment plan as their only bankruptcy option.)

The means test is actually a two-part test and you only need to pass one of them to qualify for Chapter 7.

Test 1. "Median Income"
This is a very simple test that compares your average household income for the past six calendar months to the median income for your state, If your income is below the median, you qualify for Chapter 7. If it is above the median, you must pass Test 2.

Test 2. "Disposable Income"
This test deducts expenses from your income to determine how much you can pay your unsecured creditors over the next five years:

  • If you can pay at least $10,950 ($182.50 per month), you can't file for Chapter 7.
  • If you can pay at least $6,575 ( about $110 per month) and that is at least 25% of what you currently owe your unsecured creditors, you can't file for Chapter 7.
  • If your disposable income is less than $110 per month, you can file for Chapter 7.

Certain deductions are standard allowances based on the number of vehicles you operate, the number of people in your household, and the cost of living in Maricopa County.

In addition, to these standard deductions, you can also deduct the full amount of certain actual expenses such as mortgage and vehicle loan payments.

Close

Close Do I need to complete the means test?

If you are filing for Chapter 13 bankruptcy, you do not need to complete the means test. However, you do need to complete a form almost identical to it — and that will determine how much you must pay in a Chapter 13 plan.

If you want to file for Chapter 7 bankruptcy, you must at least complete the first part of the form to figure your "current monthly income" (CMI), which is based on your average income over the past six calendar months. That number will determine whether you must complete the rest of the form.

If your CMI is below the median income for Arizona for a household your size, then you do not need to complete the means test.

If your CMI is higher than the median for Arizona for a household your size, you must complete the means test to compute your monthly "disposable" income (that is, income minus expenses). The result of that computation will determine whether you are eligible for Chapter 7 bankruptcy.

Close

Close How long does this take?

Using this calculator takes about 20 minutes. For some, the answer may be obvious after only a few questions.

Is it private?

This calculator is completely anonymous. We do not ask -- and no not want -- any personally identifying information linking you to these numbers, other than a zip code. We do keep statistical data on amounts that user have entered, so that the site may monitor the needs of its users and adjust services accordingly. However, To us, this is data for statistical analysis only. For more information. See the privacy notice.

Garbage in, garbage out

If you don't put in the correct numbers in the correct blanks, this calculator won't give you an accurate result. It only does the math. It is your responsibility to put the right numbers in the right blanks. Helpful resources are available throughout the test to help you figure out what the form is asking for and what to put where.

Be sure to account for all the different kinds of income you receive. If you're not sure what to put in an 'expense' blank, skip it. You may find that it doesn't' matter -- that is, you may qualify regardless of what number you put in that blank.

If you need assistance, this website has listing of books and local services that offer bankruptcy help.

Where to find the Official Means Test form

If you end up actually filing for Chapter 7 bankruptcy you need to fill out official form (22A). which you can find here. This calculator is based on that form. Close

CloseHousehold Size: When is a family of 3 not a family of 3?

This is a topic that has been discussed in various blogs here and here.

The issue of household size can be tricky in cases of shared custody, children who live at college part of the year, or non-custodial children living in the household.

There will undoubtedly be litigation on this subject. The official form seems to suggest that the issue is whether the person is part of the household and is a dependent. (That is, you can't include a roommate who is not your dependent in your household size, yet you may have to include the portion of their income that contributes to the overall income of the household. See the help topic on that subject. This can be an issue for same-sex couples who cannot legally marry.)

Close

CloseContributions of roommates or domestic partners to household income

At least one site on the web has addressed this issue. King's Bankruptcy Media (a lawyer's website) states what appears to be the correct rule: that, if a roommate or domestic partner is contributing income to the household, then that portion of the roommate's income must be included in the overall amount of 'household income' on line 8 of the official form, where it asks for "contributions to household income."

Close

CloseOther Noteworthy Calculators on the Web

CNN/Money Magazine's Budget Calculator compares your monthly expenses to national averages for people with your income and home situation. It's not localized by location.

The bankruptcy court for the Middle District of Florida provides an Excel worksheet of a means test calculator, but it only has figures for counties in that Florida district.

ChooseToSave.org offers an extensive list of calculators for all types of financial decisions including car loans, credit cards, college savings, to retirement savings options.

Close

CloseIf I Pass the Means Test, Can I still be barred from filing bankruptcy?

Yes, you can still be barred from filing Chapter 7 bankruptcy.

Passing the means test removes one barrier: it means that you are not "presumed" to be "abusing" the bankruptcy system. It is an essential first step, and for most people, that is that. They are clear to file.

However, in some cases, a bankruptcy judge may rule that you're abusing the system based on other conduct that has been brought to the court's attention. See the examples below

Example 1: In Iowa, a judge ruled that a debtor was abusing the system because in the year preceding his bankruptcy, he received substantial sums of money from various sources and spent it all on unnecessary indulgences, rather than pay down his debt. In re James, 345 B.R. 664 (Bkrtcy.N.D.Iowa 2006).

Example 2: In another example, a Northern California court denied a debtor the right to file Chapter 7 because the debtor was about to have a substantial increase in income. In re Pak, 343 B.R. 239 (Bkrtcy.N.D.Cal. 2006).

Other courts have ruled just the opposite -- that the new law prevents them from looking at anything other than the income six months prior to filing. See. e.g., In re Rotunda, (Bkrtcy.N.D.N.Y.) (chapter 13 plan approved based on income for six months prior to filing).

The debate remains unresolved as of this writing (October 2006).

For more information see, Morgan King's Guide to Bankruptcy Practice (Question #26) and Kevin Chern's Bankruptcy Lawyer's Blog.

Close

CloseIf I fail the Means Test, can a judge allow me to file anyway?

Yes, a judge can allow you to file for Chapter 7 bankruptcy even if you fail the means test, but only you are able able to show "special circumstances."

Some examples of possible "special circumstances" are job loss or pay cut, a serious medical condition, or unusually high child care expenses.  You must be able to produce proof of your expenses and that your expenses are reasonable -- and that you have no reasonable alternative.

Close

CloseWhat are "priority claims"?

This is a technical term used in bankruptcy law. A list of the most common priority claims can be found on Form 10 (Proof of Claim). These include

  • past due debts for child and spousal support,
  • most unpaid taxes, and wages,
  • salaries or commissions you owe to employees and
  • contributions you owe to an employee benefit fund.

The full list of the nine types of priority debt is found in section 507(a) of the bankruptcy code. Close

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Want to talk to a local bankruptcy lawyer right away?

Total Bankruptcy can connect you with a bankruptcy attorney near you. Fill out the evaluation form or call (877) 257-9043.

 

About Total Bankruptcy

Total Bankruptcy is sponsored by consumer bankruptcy attorneys from across the country, and provides hundreds of pages of free consumer bankruptcy information, articles, blog posts, and other resources on its website at www.TotalBankruptcy.com. Total Bankruptcy's President, Kevin Chern, is the former managing partner of the largest consumer bankruptcy law firm in the United States, and has personally filed thousands of consumer bankruptcy cases.

Although Total Bankruptcy provides extensive free information about Chapter 7 and Chapter 13 bankruptcy and regular updates on bankruptcy news and developments, many consumers need help understanding how the bankruptcy laws apply in their particular circumstances and making good decisions about their next steps. A consumer bankruptcy attorney may be the best source of that information, so Total Bankruptcy makes it easy for consumers by scheduling free, no-obligation calls with local bankruptcy attorneys.

 

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How to File for Chapter 7 BankruptcyHow to File For Chapter 7 Bakruptcy


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How to File For Chapter 7 Bankruptcy (Nolo, 16th ed, 2009)

Buy or download now @
Nolo (publisher)

  • Designed to be "your legal companion" as you go through the bankruptcy process under the new laws.
  • Takes you through the process of filing and explains the impact of the new bankruptcy laws.
  • Step-by-step instructions cover the nuts and bolts of how to prepare and file each form, and alert you to situations that require a lawyer.

In Paperback and eBook (Adobe Reader)
Pub. Date: Oct 2009
Edition: 16th
Pages: 576 pp
ISBN: 9781413310603
Forms: 38 forms

Buy & download now @
Nolo (publisher)

Press Reviews

"Exceptionally clear."
The New York Times
"How to File for Chapter 7 Bankruptcy advises on everything from how to file court papers to how to respond to threats from creditors.... A do-it-yourself bankruptcy book for people who can’t afford expensive lawyers."
Newsweek
"An in-depth guide to filing under Chapter 7, including state-by-state and federal exemptions as well as forms for do-it-yourself filers."
Kiplinger’s Personal Finance Magazine
"Can help you decide if bankruptcy is the right option for you."
Detroit News
"A valuable, easy-to-understand workbook."
Los Angeles Times
"Includes clear instructions on when and how to fill out all the necessary forms, which assets you may legally keep, even advice on whether your case is complicated enough to make it worth your while to hire a lawyer."
Forbes
"The best [bankruptcy books] I know are published by Nolo."
Harry S. Gross, host of
“Speaking of Your Money”
"Covers all the recent changes to the bankruptcy law, and shows you how to get through the entire process with the least damage."
Accounting Today

Customer Review

"I bit the bullet, and purchased Nolo's How to File Chapter 7 Bankruptcy. I represented myself in court and I was granted a discharge of all debts five months later."
Danielle A.,
Richmond, VA

Buy & Download now: Nolo (publisher)

Chapter 13 Bankruptcy:
Keep Your Property & Repay Your Debts Over Time
(9th ed, 2008)

Chapter 13 Bakruptcy Book
Are you behind on your mortgage, taxes or other bills? Are creditors threatening foreclosure or repossession? Consider Chapter 13 bankruptcy, which can provide you an affordable repayment plan -- and let you keep your house, car and other property

In Paperback and eBook (Adobe Reader)
Pub. Date: May 2008
Edition: 9th
Pages: 496 pp
ISBN: 9781413308556
Forms: 29 forms

List Price: 39.99
Buy now:
Nolo (publisher)

Press Reviews

"In Nolo’s usual thorough fashion, here is a guide to an alternative to the typical Chapter 7 Bankruptcy."
Orange County Register
"An excellent book that can guide you through the [Chapter 13] process."
Forbes Magazine
"Chapter 13 Bankruptcy will save you a fortune in attorney fees and confusion."
The Midwest Book Review
"This is the best book going if you choose to file alone or if you want background on the Chapter 13 process."
Attorney Gary Klein,
co-author of Consumer Bankruptcy Law and Practice
"An excellent resource..."
Consumers Digest
"Contains many tear-out forms, federal and state exemptions charts, and the most recent legal documents and instructions on how to fill them out. "
Reference & Research Book News

 

The New Bankruptcy: Will It Work For You? (New Bankruptcy)

The new bankruptcy by Attorney Stephen Elias. This book discusses, in plain-English the practical implications of the bankruptcy law changes that took effect in October 2005. The book explains how the new law is not as bad as you may have thought. Most people in financial straits can still gain much from filing. But there is more paperwork and more stringent rules than under the old law.

Find out what's good about the new law, what's bad, and how the new rules may affect you.

In Paperback and eBook (Adobe Reader)
Pub. Date: May 2009
Edition: 3nd
Pages: 400 pp
ISBN: 9781413310252
Forms: 22 forms

Buy this Book: Nolo (publisher's site)

Press Reviews

"Authoritative, comprehensive and packed with helpful advice and useful information, including state-specific details."
Eric Tyson, best-selling author of
Personal Finance for Dummies
and Mind Over Money
"With last year's change in the bankruptcy laws creating unprecedented confusion in the field, it's important to know whether it remains a viable option, and this book will offer both explanations and reassurances..."
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