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Bankruptcy Means Test Calculator For Lincoln County, MT
  

  

Libby, Montana 59923
Montana Counties

          Top
          Intro
          
          TOC
          Form B122A-1
          Form B122A-1Supp
          Form B122A-2
        

          Lincoln County Cities:
          
  
                  
                Libby                
              

                Eureka                

                Troy                

                Trego                

                Fortine                

                Yaak                

                Rexford                

                Stryker                


        

       .
     

          
                                
        
Means Test Calculator for Lincoln County, MontanaFor cases filed on or after April 1, 2024Using numbers published by the U.S. Trustee's office for cases filed on or after April 1, 2024 and, based on the official means test forms.
Top Intro TOC Form B122A-1 Form B122A-1Supp Form B122A-2
Introduction: Are You Eligible for Chapter 7 Bankruptcy?Most people who need bankruptcy protection are eligible, but bankruptcy law sometimes requires you to fill out an eight-page form called "the Means Test" to prove either your household income is lower that the median income in your state, or that your disposable income is too low to sufficiently fund a Chapter 13 plan.
...this calculator will help you find outThe Means Test Calculator applies the formulas, regional income and expense standards, and calculations of the "means test" that was a cornerstone of BAPCPA, the 2005 bankruptcy law (11 U.S.C. 707(b)). It uses the language and formatting of the 2019 version of Official Form B122A-1, Official Form B122A-1Supp, and Official Form B122A-2, just a few of several forms you must complete if you decide to file for bankruptcy.
Read the instructions carefully (for official instructions for PDF forms, click here). 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.
Anonymous, Free, Self-Help, For the Public —  Millions of Free Calculations Since 2006The calculator does NOT ask for personal identifying information, other than the county for which the form is being completed. Tens of thousands of people have used it. It's free to use. Please let us know if you find any flaws, and we will fix them.
Note: The calculator now saves your data whenever you press Enter (or Return) within a field or click Save. After saving your data, you must refresh the page to see your updated values integrated into the summaries and the table of contents, which appear outside the form itself. 
So, if you notice stale data in the table of contents or the summary, save your data (by clicking Save or hitting Enter while in a field) and refresh the page. 
 
Part 1: Income
Montana State "Median Income" TestCompare your household income over the past six calendar months to the state median.  If your monthly household income is less than the    Montana 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).
          

            
               Median Household Income Test for Montana                Compare your household income to the Montana median income.
For Cases Filed on or after April 1, 2024.                        

            

              
                Montana Median Income Test

                Form B122A-1  (Line 13)
              
            

              
                  
                    Household
 Size*
                      
                          ?
                      
                    
                    Monthly
Income 
                    6 Month
Total
                    Annual
Income
                  

                      1
                      $5,437
                      $32,621
                      $65,242
                    

                      2
                      $6,732
                      $40,390
                      $80,779
                    

                      3
                      $7,049
                      $42,293
                      $84,585
                    

                      4
                      $9,293
                      $55,758
                      $111,516
                    

                      5
                      $10,118
                      $60,708
                      $121,416
                    

                      6
                      $10,943
                      $65,658
                      $131,316
                    

                      7
                      $11,768
                      $70,608
                      $141,216
                    

                      8
                      $12,593
                      $75,558
                      $151,116
                    

                      9
                      $13,418
                      $80,508
                      $161,016
                    

                      10
                      $14,243
                      $85,458
                      $170,916
                    
< 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 Part 2: 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 filed on or after April 1, 2024) 

            
(*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.)
Form B122A-1 requires you to:
              
 total your income for the last six calendar months [Line 11],
 average it, then 
annualize it, and then 
compare it to the Montana median for your size household [Line 13].
                  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 table above 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. 
Part 2 Expenses:
 County Expense Standards For Lincoln CountyThis part is relevant only if your income is above the state median income. If so, you will need to determine your monthly expenses, using the monthly expense allowance standards for Lincoln County.

  Monthly Expense Standards for Lincoln County, Montana

      For cases
    filed on or after April 1, 2024
  
     
    EXPENSES
  

    Fam. Size: (Line 5)
    Non-Mortgage Housing expenses (Line 8)
    Mortage & Rent (Line 9)
  

    1
    $549
    $946
  

    2
    $645
    $1,111
  

    3
    $679
    $1,171
  

    4
    $758
    $1,305
  

    5
    $770
    $1,326
  

    6
    $770
    $1,326
  

    7
    $770
    $1,326
  

    8
    $770
    $1,326
  

    9
    $770
    $1,326
  

    10
    $770
    $1,326
  

                        
Ninth Circuit
Fed Ct: Montana District Bankruptcy Court
Region: Western Montana 
 Subregion: Missoula, Northwest Montana
Metro (MSA): Rural
County: Lincoln (p.19,677)
 LOC:Lincoln          
<img src="https://datawrapper.dwcdn.net/VtfY1/full.png" alt="" />
Nearby Counties
    
          
            Bonner, ID          
        

          
            Boundary, ID          
        

          
            Shoshone, ID          
        

          
            Flathead          
        

          
            Sanders          
        


  
    Bankruptcy Income ▼
    
          
                What Is the Means Test?            
              				What Is the Means Test?
What is the means test?The 2005 bankruptcy law (BAPCPA) imposed a "means test" on who can file for Chapter 7 bankruptcy.
You might think this test prevents 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 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" (Form 22A-1)
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" (Form 22A-2)
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 $13,650 ($227.50 per month), you can't file for Chapter 7.
If you can pay at least $8,175 ( about $136.25 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 $136.25 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 .
In addition, to these standard deductions, you can also deduct the full amount of certain actual expenses such as mortgage and vehicle loan payments.
 

  							
  						

        
          

          
                Do I Need to Complete the Means Test?            
              				Do I Need to Complete the Means Test?
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 Form 22A-1 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 for a household your size, then you do not need to complete Form 22A-2.
If your CMI is higher than the median for for a household your size, you must complete Form 22A-2 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.

  							
  						

        
          

          
                How Long Does The Means Test Take?            
              				How Long Does The Means Test Take?
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 outIf 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 offers advertisements from lawyers who can help.
Where to find the Official Means Test formIf you end up actually filing for Chapter 7 bankruptcy you need to fill out the new  Official Forms (22A-1, 22A-2), effective 04/1/2022. which you can find here. This calculator is based on that form.

  							
  						

        
          

          
                How is “Household Size” Defined in the Bankruptcy  Median Income Test?            
              				How is “Household Size” Defined in the Bankruptcy  Median Income Test?
Household Size: When is a family of 3 not a family of 3?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.)
RELATED INFO:
In April 2010, the United States Trustee's office issued a PDF of their official position on legal issues surrounding each line of the Chapter 7 means test form 22A. Keep in mind that the Trustee tends to protect creditor interests, so a debtor's bankruptcy attorney may not agree with every one of these positions. That said, if you can easily pass the means test under the trustee's relatively stingy interpretation of the rules, all the better.
The U.S. Trustee's Office's official statement (released April 2010) on how to fill out form 22A takes the the following position on how to fill out the means test:
OLD FORM Line 14, (New form 22A-1, Line 13) Applicable median family income.
"Applicable state" is state of residence at filing.
If married and two different households, residence is where most family members reside.
If no plurality of family members are in any one state, use state of spouse with highest income.
"Household size" is the debtor, debtor's spouse, and any dependents that the debtor could claim under IRS dependency tests. The USTP uses the same IRS test for the definition of both"household" and "family." IRS Publication 501 explains the IRS tests for "dependent."
The USTP departs from the IRS dependent test (as does the IRS when it determines family size for collection purposes) in cases justifying "reasonable exceptions" (e.g. a long standing economic unit of unmarried individuals and their children). However, if an individual is counted as a family member for median income purposes, that individual's income should be included as income on Part II of Form 22A .
OLD Form Line 8 (New Form 22A-1 Line 4) of the means test:
Includes payments made monthly, quarterly, or annually.
Includes payments regardless of written agreement with contributor.
Includes payments from roommate, partner, parent, or relative, regardless of whether living with debtor.
Includes payments made directly to creditors on behalf of debtor, e.g., rent, car, or insurance.
Does not include payments from non-filing spouse (which are already included as income in Column B).

  							
  						

        
          

          
                Contributions of Roommates or Domestic Partners to Household Income            
              				Contributions of Roommates or Domestic Partners to Household Income
Contributions of roommates or domestic partners to household incomeThe U.S. Trustee's Office's official statement (released April 2010) on how to fill out form 22A takes the the following position on how to fill out the means test:
Old Form Line 14 (New Form 22A-1 Line 13, Applicable median family income.
"Applicable state" is state of residence at filing.
If married and two different households, residence is where most family members reside.
If no plurality of family members are in any one state, use state of spouse with highest income.
"Household size" is the debtor, debtor's spouse, and any dependents that the debtor could claim under IRS dependency tests. The USTP uses the same IRS test for the definition of both"household" and "family." IRS Publication 501 explains the IRS tests for "dependent."
The USTP departs from the IRS dependent test (as does the IRS when it determines family size for collection purposes) in cases justifying "reasonable exceptions" (e.g. a long standing economic unit of unmarried individuals and their children). However, if an individual is counted as a family member for median income purposes, that individual's income should be included as income on Part II of Form 22A .
Old Form Line 8 (New Form 22A-1, Line 4), Any amounts paid by another person or entity, on a regular basis, for the household expenses of the debtor or the debtor's dependents, including child or spousal support.
Includes payments made monthly, quarterly, or annually.
Includes payments regardless of written agreement with contributor.
Includes payments from roommate, partner, parent, or relative, regardless of whether living with debtor.
Includes payments made directly to creditors on behalf of debtor, e.g., rent, car, or insurance.
Does not include payments from non-filing spouse (which are already included as income in Column B).
 

  							
  						

        
          

          
                Median Income Test Notes            
              				Median Income Test Notes
Median Income Test ExplainedThe bankruptcy law determines your income by looking at your household income during the six full calendar months before you file for bankruptcy.
Effect of the six-month income ruleIf your income declined suddenly within the past six months and has not yet increased, waiting until after the first of the month to file will lower your monthly income figure used for the means test. That is, even if you don't qualify this month, you may qualify after the first of next month, or the month after that, if your income remains below the average monthly income for your state.
Effect of the number of people in your householdYou may have noticed already that changing the number of persons in the household dramatically affects the median income figure. 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.
If your six-month household income was more than 's median income for a household of your size, don't fret. Fill out Form B122A-2 (Expense Deductions).You probably still qualify for Chapter 7, but you'll need to answer more questions to find out. Most people qualify once all factors are taken into account.


Info is not adviceThis site points to numerous books, articles and services that can help you figure out whether it makes sense for you to file for bankruptcy.
However, this website cannot answer whether you, specifically, should or should not file for bankruptcy.
If you're still not sure whether bankruptcy is right for you, you may want to seek credit counseling from a reputable agency or consult a lawyer.

 

* If your six-month household income was less than the median for your state, consider this:Complete Form B122A-1 of the calculator to make sure that you've properly computed your income. Although you are not legally required to complete Form B122A-2, the "expenses" part of the means test, it will give you a sense of how a judge or trustee might view your ability to pay.
Some judges look to your ability to pay as part of the "totality of the circumstances" test (Section 707(b)(3)), and will bar you from Chapter 7 bankruptcy, whether your income is above or below the median.
Bottom line: Whatever your income, if the calculator indicates that you have money left over after expenses, study the list of allowed expenses in the means test form and fill in any that apply.
Another thing to worry about: Some judges may rely on different required forms as guides in looking at the "totality of the circumstances" under 707(b)(3): Specifically Form B 106, Schedules I and J. These forms also deal with income and expenses but can yield a different "disposable income" result than the means test form (Form B122A) because different things are allowed and excluded on each form. Most notably, the means test income formula (and this calculator) excludes income from Social Security benefits, while Schedule I does not. Whether your Social Security income can render you ineligible for Chapter 7 is an unsettled area of law. At least one court has ruled that, by enacting the means test as it did, Congress intended that Social Security income be excluded when determining Chapter 7 eligibility; however, it still must be reported on Schedule I.
If you have significant income from Social Security benefits, be aware of this issue.

  							
  						

        
          

          
                If I Pass the Means Test, Can I still be barred from filing bankruptcy?            
              				If I Pass the Means Test, Can I still be barred from filing bankruptcy?
If 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 under 707(b)(2).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 case should be dismissed because to the "totality of the circumstances" under707(b)(3).
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).
And, while the means test income analysis looks backward, a court can use 707(b)(3) to look forward.
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).
 

  							
  						

        
          

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

  							
  						

        
          

          
                What are “priority claims”?            
              				What are “priority claims”?
What are "priority claims"?This is a technical term used in bankruptcy law, and refers to what debts must be paid before all other debts (after administrative expenses).
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 definition of the nine types of priority debt is found in section 507(a) of the bankruptcy code.
(a)The following expenses and claims have priority in the following order:
(1)First:
(A)
Allowed unsecured claims for domestic support obligations that, as of the date of the filing of the petition in a case under this title, are owed to or recoverable by a spouse, former spouse, or child of the debtor, or such child’s parent, legal guardian, or responsible relative, without regard to whether the claim is filed by such person or is filed by a governmental unit on behalf of such person, on the condition that funds received under this paragraph by a governmental unit under this title after the date of the filing of the petition shall be applied and distributed in accordance with applicable nonbankruptcy law.
(B)
Subject to claims under subparagraph (A), allowed unsecured claims for domestic support obligations that, as of the date of the filing of the petition, are assigned by a spouse, former spouse, child of the debtor, or such child’s parent, legal guardian, or responsible relative to a governmental unit (unless such obligation is assigned voluntarily by the spouse, former spouse, child, parent, legal guardian, or responsible relative of the child for the purpose of collecting the debt) or are owed directly to or recoverable by a governmental unit under applicable nonbankruptcy law, on the condition that funds received under this paragraph by a governmental unit under this title after the date of the filing of the petition be applied and distributed in accordance with applicable nonbankruptcy law.
(C)
If a trustee is appointed or elected under section 701, 702, 703, 1104, 1202, or 1302, the administrative expenses of the trustee allowed under paragraphs (1)(A), (2), and (6) of section 503(b) shall be paid before payment of claims under subparagraphs (A) and (B), to the extent that the trustee administers assets that are otherwise available for the payment of such claims.
(2)
Second, administrative expenses allowed under section 503(b) of this title, unsecured claims of any Federal reserve bank related to loans made through programs or facilities authorized under section 13(3) of the Federal Reserve Act (12 U.S.C. 343),[1] and any fees and charges assessed against the estate under chapter 123 of title 28.
(3)
Third, unsecured claims allowed under section 502(f) of this title.
(4)Fourth, allowed unsecured claims, but only to the extent of $10,000 [2] for each individual or corporation, as the case may be, earned within 180 days before the date of the filing of the petition or the date of the cessation of the debtor’s business, whichever occurs first, for—
(A)
wages, salaries, or commissions, including vacation, severance, and sick leave pay earned by an individual; or
(B)
sales commissions earned by an individual or by a corporation with only 1 employee, acting as an independent contractor in the sale of goods or services for the debtor in the ordinary course of the debtor’s business if, and only if, during the 12 months preceding that date, at least 75 percent of the amount that the individual or corporation earned by acting as an independent contractor in the sale of goods or services was earned from the debtor.
(5)Fifth, allowed unsecured claims for contributions to an employee benefit plan—
(A)
arising from services rendered within 180 days before the date of the filing of the petition or the date of the cessation of the debtor’s business, whichever occurs first; but only
(B)for each such plan, to the extent of—
(i)
the number of employees covered by each such plan multiplied by $10,000; 2 less
(ii)
the aggregate amount paid to such employees under paragraph (4) of this subsection, plus the aggregate amount paid by the estate on behalf of such employees to any other employee benefit plan.
(6)Sixth, allowed unsecured claims of persons—
(A)
engaged in the production or raising of grain, as defined in section 557(b) of this title, against a debtor who owns or operates a grain storage facility, as defined in section 557(b) of this title, for grain or the proceeds of grain, or
(B)
engaged as a United States fisherman against a debtor who has acquired fish or fish produce from a fisherman through a sale or conversion, and who is engaged in operating a fish produce storage or processing facility—
but only to the extent of $4,000 2 for each such individual.
(7)
Seventh, allowed unsecured claims of individuals, to the extent of $1,800 2 for each such individual, arising from the deposit, before the commencement of the case, of money in connection with the purchase, lease, or rental of property, or the purchase of services, for the personal, family, or household use of such individuals, that were not delivered or provided.
(8)Eighth, allowed unsecured claims of governmental units, only to the extent that such claims are for—
(A)a tax on or measured by income or gross receipts for a taxable year ending on or before the date of the filing of the petition—
(i)
for which a return, if required, is last due, including extensions, after three years before the date of the filing of the petition;
(ii)assessed within 240 days before the date of the filing of the petition, exclusive of—
(I)
any time during which an offer in compromise with respect to that tax was pending or in effect during that 240-day period, plus 30 days; and
(II)
any time during which a stay of proceedings against collections was in effect in a prior case under this title during that 240-day period, plus 90 days; or
(iii)
other than a tax of a kind specified in section 523(a)(1)(B) or 523(a)(1)(C) of this title, not assessed before, but assessable, under applicable law or by agreement, after, the commencement of the case;
(B)
a property tax incurred before the commencement of the case and last payable without penalty after one year before the date of the filing of the petition;
(C)
a tax required to be collected or withheld and for which the debtor is liable in whatever capacity;
(D)
an employment tax on a wage, salary, or commission of a kind specified in paragraph (4) of this subsection earned from the debtor before the date of the filing of the petition, whether or not actually paid before such date, for which a return is last due, under applicable law or under any extension, after three years before the date of the filing of the petition;
(E)an excise tax on—
(i)
a transaction occurring before the date of the filing of the petition for which a return, if required, is last due, under applicable law or under any extension, after three years before the date of the filing of the petition; or
(ii)
if a return is not required, a transaction occurring during the three years immediately preceding the date of the filing of the petition;
(F)a customs duty arising out of the importation of merchandise—
(i)
entered for consumption within one year before the date of the filing of the petition;
(ii)
covered by an entry liquidated or reliquidated within one year before the date of the filing of the petition; or
(iii)
entered for consumption within four years before the date of the filing of the petition but unliquidated on such date, if the Secretary of the Treasury certifies that failure to liquidate such entry was due to an investigation pending on such date into assessment of antidumping or countervailing duties or fraud, or if information needed for the proper appraisement or classification of such merchandise was not available to the appropriate customs officer before such date; or
(G)
a penalty related to a claim of a kind specified in this paragraph and in compensation for actual pecuniary loss.
An otherwise applicable time period specified in this paragraph shall be suspended for any period during which a governmental unit is prohibited under applicable nonbankruptcy law from collecting a tax as a result of a request by the debtor for a hearing and an appeal of any collection action taken or proposed against the debtor, plus 90 days; plus any time during which the stay of proceedings was in effect in a prior case under this title or during which collection was precluded by the existence of 1 or more confirmed plans under this title, plus 90 days.
(9)
Ninth, allowed unsecured claims based upon any commitment by the debtor to a Federal depository institutions regulatory agency (or predecessor to such agency) to maintain the capital of an insured depository institution.
(10)
Tenth, allowed claims for death or personal injury resulting from the operation of a motor vehicle or vessel if such operation was unlawful because the debtor was intoxicated from using alcohol, a drug, or another substance.
(b)
If the trustee, under section 362, 363, or 364 of this title, provides adequate protection of the interest of a holder of a claim secured by a lien on property of the debtor and if, notwithstanding such protection, such creditor has a claim allowable under subsection (a)(2) of this section arising from the stay of action against such property under section 362 of this title, from the use, sale, or lease of such property under section 363 of this title, or from the granting of a lien under section 364(d) of this title, then such creditor’s claim under such subsection shall have priority over every other claim allowable under such subsection.
(c)
For the purpose of subsection (a) of this section, a claim of a governmental unit arising from an erroneous refund or credit of a tax has the same priority as a claim for the tax to which such refund or credit relates.
(d)
An entity that is subrogated to the rights of a holder of a claim of a kind specified in subsection (a)(1), (a)(4), (a)(5), (a)(6), (a)(7), (a)(8), or (a)(9) of this section is not subrogated to the right of the holder of such claim to priority under such subsection.
 

  							
  						

        
          

          
                Official Instructions For Form 122A-2, Chapter 7 Means Test Calculation            
              				Official Instructions For Form 122A-2, Chapter 7 Means Test Calculation
Chapter 7 Statement of Your Current Monthly Income and Means Test Calculation (Official Forms 122A–1, 122A-1Supp, and 122A–2)   



Means Test Forms
For Chapter 7


B 122A-1
Chapter 7 Statement of Your Current Monthly Income

B 122A-1Supp
Statement of Exemption from Presumption of Abuse Under §707(b)(2)

B 122A-2
Chapter 7 Means Test Calculation

If you are filing under chapter 11, 12, or 13, do not fill out this form.    
Official Forms 122A–1 and 122A–2 determine whether your income and expenses create a presumption of abuse that may prevent you from obtaining relief from your debts under chapter 7 of the Bankruptcy Code. Chapter 7 relief can be denied to a person who has primarily consumer debts if the court finds that the person has enough income to repay creditors an amount that, under the Bankruptcy Code, would be a sufficient portion of their claims.   
You must file Chapter 7 Statement of Your Current Monthly Income (Official Form122A–1) if you are an individual filing for bankruptcy under chapter 7. This form will determine your current monthly income and compare whether your income is more than the median income for households of the same size in your state. If your income is not above the median, there is no presumption of abuse and you will not have to fill out the second form.   
Similarly, Statement of Exemption from Presumption of Abuse Under § 707(b)(2) (Official Form 122A-1Supp) determines whether you may be exempted from the presumption of abuse because you do not have primarily consumer debts or because you have provided certain military or homeland defense services. If one of these exemptions applies, you should file a supplement, Form 122A-1Supp, and verify the supplement by completing Part 3 of Form 122A-1. If you qualify for an exemption, you are not required to fill out any part of Form 122A-1 other than the verification. If the exemptions do not apply, you should complete all of the parts of Form 122A-1 and file it without the supplemental form.   
If you and your spouse are filing together, you and your spouse may file a single Form 122A-1. However, if an exemption on Form122A-1Supp applies to only one of you, separate forms may be required. 11 U.S.C. § 707(b)(2)(C).  
If your completed Form 122A-1 shows income above the median, you must file the second form, Chapter 7 Means Test Calculation (Official Form 122A –2). The calculations on this form—sometimes called the Means Test—reduce your income by living expenses and payment of certain debts, resulting in an amount available to pay other debts. If this amount is high enough, it will give rise to a presumption of abuse. A presumption of abuse does not mean you are actually trying to abuse the bankruptcy system. Rather, the presumption simply means that you are presumed to have enough income that you should not be granted relief under chapter 7. You may overcome the presumption by showing special circumstances that reduce your income or increase your expenses. 
If you can obtain relief under chapter 7, you may be eligible to continue under another chapter of the Bankruptcy Code and pay creditors over a period of time.   
Read each question carefully. You may not be required to answer every question on this form. For example, your military status may determine whether you must fill out the entire form. The instructions will alert you if you may skip questions.   
If you have nothing to report for a line, write $0.  
Information for completing the forms   
To fill out several lines of the forms, you must look up information provided on websites or from other sources. For information to complete line 13 of Form 122A-1 and lines 6-15, 30, and 36 of Form 122A-2, go to: www.justice.gov/ust/eo/bapcpa/meanstesting.htm   
If your case is filed in Alabama or North Carolina, the administrative expense multiplier mentioned at line 36 can be found at:  www.uscourts.gov/FederalCourts/Bankruptcy/BankruptcyResources/AdministrativeExpensesMultiplier.aspx .   
For the Bankruptcy Basics information referred to on line 36 of Form 122A-2, go to:  www.uscourts.gov/FederalCourts/Bankruptcy/BankruptcyBasics.aspx.  
If you do not have a computer with internet access, you may be able to use a public computer at the bankruptcy clerk’s office or at a public library.  
 
COMMITTEE NOTES
2022-04 STAFF NOTATION
The CARES Act changes Official Forms 122A-1, 122B, and 122C-1 described in the 2020-04 Committee Note lapsed on March 27, 2022. The three forms have reverted to their pre-CARES Act versions (December 2019 in the case of 122A-1, October 2019 as amended in December 2021 in the case of 122B, and October 2019 in the case of 122C-1).
In addition, the dollar amounts listed in lines 29 and 40 of 122A-2, and line 29 of 122C-2 are adjusted effective April 1, 2022, as part of the the tri-annual dollar adjustments required by 11 U.S.C.§ 104
2021-12 COMMITTEE NOTE
Official Form 122B is amended in response to the enactment of the Small Business Reorganization Act of 2019, Pub. L. No. 116-54, 133 Stat. 1079. That law gives a small business debtor the option of electing to be a debtor under subchapter V of chapter 11. As amended, the initial instruction in the form includes an exception for subchapter V cases. Because Code § 1129(a)(15) is inapplicable to such cases, there is no need for an individual debtor in a subchapter V case to file a statement of current monthly income. 
2021-04 COMMITTEE NOTE
Official Forms 122A-1, 122B, and 122C-1 are amended in response to the enactment of the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”), Pub. L. No. 116-136, 134 Stat. 281.1 That law modifies the definition of “current monthly income” in §101(10A) and the definition of “disposable income” in §1325(b)(2) to exclude “payments made under the Federal law relating to the national emergency declared by the President under the National Emergencies Act (50 U.S.C. 1601 et seq.) with respect to the coronavirus disease 2019 (COVID-19).” Each form is modified to expressly exclude these amounts from line 10. These amendments will terminate one year after the date of enactment of the CARES Act.
2019-12 COMMITTEE NOTE
The instruction on line 14a of Official Form 122A-1 is amended to remind a debtor for whom there is no presumption of abuse that Official Form 122A-2 (Chapter 7 Means Test Calculation) should not be filled out or filed.
2019-10 COMMITTEE NOTE
Official Forms 122A-1, 122B, and 122C-1 are amended in response to the enactment of the Honoring American Veterans in Extreme Need Act of 2019 (the “HAVEN Act”), Pub. L. No. 116-52, 133 Stat. 1076. That law modifies the definition of “current monthly income” in § 101(10A) to exclude certain amounts payable “in connection with a disability, combat-related injury or disability or death of a member of the uniformed services.” The exclusion for servicemember retired pay is limited, however, and the debtor should exclude from current monthly income only that amount of retired pay that exceeds the amount that the recipient would otherwise be entitled to receive had the recipient retired for a reason other than disability. Each form is modified to expressly exclude these amounts from lines 9 and 10. 
2015 COMMITTEE NOTE
Official Forms 122A-1, 122A-1Supp, 122A-2, 122B, 122C-1, and 122C-2 are updated to comport with the form numbering style developed as part of the Forms Modernization Project. The forms are derived from Official Forms 22A-1, 22A-1Supp, 22A-2, 22B, 122C-1, and 22C-2.  
A statement is added to line 26 of Forms 122A-2 and 122C-2 explaining that contributions to qualified ABLE accounts, as defined in 26 U.S.C. § 529A(b), may be included in the deduction for contributions to the care of household or family members. Authorization of the deduction of such contributions was added to Bankruptcy Code § 707(b)(2)(A)(ii)(II) by the Tax Increase Prevention Act of 2014, Pub. Law No. 113-295.  
Official Forms 122A-1, 122B, and 122C-1 are revised to add a workspace column for debtor 2 at questions 5 and 6 on the forms.  Official Form 122B is also revised to remove former Part 2. This portion of the form provided for the exclusion of certain income of a debtor’s non-filing spouse; since that income is not required to be reported, its exclusion is unnecessary.   
Other stylistic changes were made throughout the forms.

  							
  						

        
          

  
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	EXPENSES
Fam. Size: (Line 5)	Non-Mortgage Housing expenses (Line 8)	Mortage & Rent (Line 9)
1	$549	$946
2	$645	$1,111
3	$679	$1,171
4	$758	$1,305
5	$770	$1,326
6	$770	$1,326
7	$770	$1,326
8	$770	$1,326
9	$770	$1,326
10	$770	$1,326
Bankruptcy Means Test Calculator For Lincoln County, MT

Means Test Calculator for Lincoln County, Montana

For cases filed on or after April 1, 2024

Introduction: Are You Eligible for Chapter 7 Bankruptcy?

...this calculator will help you find out

Anonymous, Free, Self-Help, For the Public — Millions of Free Calculations Since 2006

Part 1: IncomeMontana State "Median Income" Test

Median Household Income Test for Montana

Montana Median Income Test Form B122A-1 (Line 13)

Part 2 Expenses: County Expense Standards For Lincoln County

Nearby Counties

The Means Test Calculator

Form 122A-1 :: Part1: Calculate Your Current Income

Form 22A-1 :: Line 1 [?]

Form 122A-1 :: Part1: Income > Fill in the average monthly income that you received from all sources, derived during the 6 full months before you file this bankruptcy case.

Form 22A-1 :: Line 2 [?]

Form 22A-1 :: Line 3

Form 22A-1 :: Line 4 [?]

Form 22A-1 :: Line 5 [?]

Form 22A-1 :: Line 6

Form 22A-1 :: Line 7 [?]

Form 22A-1 :: Line 8 [?]

Form 22A-1 :: Line 9 [?]

Form 22A-1 :: Line 10 [?]

Form 22A-1 :: Line 11

Form 122A-1 :: Part 2: Determine Whether the Means Test Applies to You

Form 22A-1 :: Line 12

Form 22A-1 :: Line 13 [?]

Form 22A-1 :: Line 14

Form 122A-1Supp :: Part 1: Identify the Kind of Debts You Have

Form 22A-1Supp :: Line 1 [?]

Form 122A-1Supp :: Part 2: Determine Whether Military Service Provisions Apply to You

Form 22A-1Supp :: Line 2 [?]

Form 22A-1Supp :: Line 3 [?]

Form 122A-2 :: Part 1: Determine Your Adjusted Income

Form 22A-2 :: Line 1

Form 22A-2 :: Line 2

Form 22A-2 :: Line 3 [?]

Form 22A-2 :: Line 4

Form 122A-2 :: Part 2: Calculate Your Deductions from Your Income

Form 22A-2 :: Line 5

Form 122A-2 :: Part 2: Deductions > National Standards

Form 22A-2 :: Line 6 [?]

Form 22A-2 :: Line 7 [?]

Form 122A-2 :: Part 2: Deductions > Local Standards

Form 22A-2 :: Line 8 [?]

Form 22A-2 :: Line 9 [?]

Form 22A-2 :: Line 10 [?]

Form 22A-2 :: Line 11 [?]

Form 22A-2 :: Line 12 [?]

Form 22A-2 :: Line 13 [?]

Form 22A-2 :: Line 14 [?]

Form 22A-2 :: Line 15 [?]

Form 122A-2 :: Part 2: Deductions > Other Necessary Expenses

Form 22A-2 :: Line 16 [?]

Form 22A-2 :: Line 17 [?]

Form 22A-2 :: Line 18 [?]

Form 22A-2 :: Line 19 [?]

Form 22A-2 :: Line 20 [?]

Form 22A-2 :: Line 21 [?]

Form 22A-2 :: Line 22 [?]

Form 22A-2 :: Line 23 [?]

Form 22A-2 :: Line 24 [?]

Form 122A-2 :: Part 2: Deductions > Additional Expense Deductions

Form 22A-2 :: Line 25 [?]

Form 22A-2 :: Line 26 [?]

Form 22A-2 :: Line 27 [?]

Form 22A-2 :: Line 28 [?]

Form 22A-2 :: Line 29 [?]

Form 22A-2 :: Line 30 [?]

Form 22A-2 :: Line 31 [?]

Form 22A-2 :: Line 32

Form 122A-2 :: Part 2: Deductions > Deductions for Debt Payment

Form 22A-2 :: Line 33 [?]

Form 22A-2 :: Line 34 [?]

Form 22A-2 :: Line 35 [?]

Form 22A-2 :: Line 36 [?]

Form 22A-2 :: Line 37

Form 122A-2 :: Part 2: Deductions > Total Deductions From Income

Form 22A-2 :: Line 38

Part 1: Income
Montana State "Median Income" Test

Montana Median Income Test
Form B122A-1 (Line 13)

Part 2 Expenses:
County Expense Standards For Lincoln County

Lincoln County, MT
Means Test Calculator TOC
Table of Contents

Form 122A-1
(Median Income Test)

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

Form 122A-2
(Allowed Expense Deductions)
