Do I Need to Complete the Means Test?

 

You can't skip the means test, but it may be very quick, if your income is below the median income for Texas.

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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.


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Jurisdictional relevance: US

Legal Consumer - San Jacinto County, TXLaw. The content of this article pertains to all US states and counties.