Bankruptcy Means Test Calculator For Asheville, NC


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Bankruptcy Means Test Calculator
for Asheville, North Carolina (Buncombe County)

For cases filed on on or after November 1, 2020

Based on numbers published by the U.S. Trustee's office for Cases Filed On or After November 1, 2020.)

Welcome to the Means Test Calculator

Hello, and welcome to the means test calculator, based on the revised means test forms, effective 4/3/2020, inclduding the latest Coronavirus updates. Note: Payments under the CARES Act are specifically EXCLUDED from monthly income (see line 10 of form 122A).

The calculator does NOT ask for and personal identifying information, other than your zip code, to choose the correct county to lookup expense standards. We've tested the calculator, and feel it's worthy of launching to the public. It's free to use. Please let us know if you find any flaws, and we will fix them.

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[Top] | [ Intro ] | [ TOC ] | [ Form B122A-1 ] | [ Form B122A-1Supp] | [ Form B122A-2 ]

Introduction: Are You Eligible for Chapter 7 Bankruptcy?

Despite what you may have heard about changes in bankruptcy law back in 2005, most people who need bankruptcy protection are still eligible.

This calculator will help you find out

The Means Test Calculator applies the formulas, regional income and expense standards, and calculations of the new "means test" that is a cornerstone of BAPCPA, the 2005 bankruptcy law (11 U.S.C. 707(b)). It uses the language and formatting of Official Form B122A-1, Official Form B122A-1Supp, and Official Form B122A-2 , just a few of several forms you will need to complete if you decide to file for bankruptcy.

Read the instructions carefully (for the official instructions for PDF forms, click here -- they don't say much). If you are unsure whether an item applies to your situation, make a note of your question. Ask a bankruptcy lawyer about it if you go for a free consultation.

North Carolina "Median Income" Test

If your monthly household income is less than the North Carolina median income for a household of your size, you are presumed to be eligible to file for Chapter 7 bankruptcy under Section 707(b)(2). Compare your household income over the past six calendar months to the state median.

North Carolina Bankruptcy InformationMedian Household Income Test for North Carolina

Compare your household income to the North Carolina median income.

For Cases Filed on or after November 1, 2020.

Form B122A-1 requires you to total your income for the last six calendar months, average it, then annualize it, and then compare it to the North Carolina median for your size household. If your income is below this amount, you meet the requirements of the "means test" (section 707(b)(2) of the bankruptcy code) to qualify for Chapter 7 bankruptcy. The chart below makes it a bit simpler to figure out. Compare your six-month total income over the last six calendar months to the "6 Mo. Total" in the chart below to get a rough idea of which side of the line you fall. Pay attention to the rules about household size.

North Carolina Median Income Test
Form B122A-1 (Line 13)

HH Size Monthly Income 6 Mo. Total Annual Income
1 $4,221 $25,327 $50,653
2 $5,504 $33,022 $66,044
3 $6,006 $36,035 $72,069
4 $7,412 $44,471 $88,942
5 $8,162 $48,971 $97,942
6 $8,912 $53,471 $106,942
7 $9,662 $57,971 $115,942
8 $10,412 $62,471 $124,942
9 $11,162 $66,971 $133,942
10 $11,912 $71,471 $142,942
< If LESS You Pass! - Chapter 7 is an option. Not legally required to complete Form B122A-2, but may want to anyway.*
> If MORE - Keep Going! - You must complete Form B122A-2 to determine if Chapter 7 is available.

Sources: U.S. Trustee Program, Department of Justice , 11 U.S.C. Sec. 707(b)(7) exclusion. Official Form B122A-1, Line 13

Source: U.S. Trustee, U.S. Department of Justice (for bankruptcy cases filed on or after November 1, 2020)

(*The applicable household size is the number that would currently be allowed as exemptions on your federal income tax return, plus the number of any additional dependents whom you support.)

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Expense Standards for Buncombe County, North Carolina

For cases filed on or after November 1, 2020
Family of Mortage & Rent Non-Mortgage Housing expenses
1 $928 $458
2 $1090 $538
3 $1149 $566
4 $1280 $632
5 $1301 $642
6 $1301 $642
7 $1301 $642
8 $1301 $642
9 $1301 $642
10 $1301 $642

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Buncombe County, NC
Means Test Calculator TOC
Table of Contents

[Top] | [ Intro ] | [ TOC ]
Form 122A-1: (Income) Line >>
Filing Status: 1
Income: 2 3 4 5 6 7 8 9 10 11 12
Household Size: 13 14
Form 122A-1Supp Line >> 1 2 3
Form 122A-2: (Expenses) Line >>
Income Adjustments: 1 2 3 4
Household Size: 5
Nat'l Stds: 6 7
Local Stds: 8 9 10
- Transportation: 11 12 13 14 15
Other Neccy: 16 17 18 19 20 21 22 23 24
Adtl. Exp.: 25 26 27 28 29 30 31 32
Debt Pmts: 33 34 35 36 37
Final Results: 38 39 40 41 42 43

Form 122A-1
(Median Income Test)

Form 122A-1Supp
(Exclusions for Non-Consumer Debtors, & some Veterans and National Guard Debtors)

Form 122A-2
("Means Test" Disposable Income After Allowed Expense Deductions)

The five lines required to make the means test lookups work

The calculator needs these five pieces of information to look up the relevant income and expense allowances for North Carolina and Buncombe County.* Click on the line number in brackets to jump to that line of the form.

  1. Marital/Filing Status: [] (Form 122A-1, Line 1)
  2. Household Size: [] (for median income) (Form 122A-1, Line 13)
  3. Number of Dependents: [] (for exepense allowances) (Form 122A-2, Line 5)
  4. Persons for whom you pay healthcare:
    under 65
    : [] (Form 122A-2, Line 7)
    65 and over: [] (Form 122A-2, Line 7)
  5. Number of Vehicles you maintain: [] (Form 122A-2, Line 11)

Values you have entered for each item are shown in [brackets]. If you notice stale data displayed here, make sure you Save your data (by clicking a "Save" button or hitting Enter while in a field) and then refresh the page.

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