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Specific Forms - (Selected Forms)
Official form 122C-1, Chapter 13 Statement of Your Current Monthly Income and Calculation of Commitment Period

Official form 122C-1, Chapter 13 Statement of Your Current Monthly Income and Calculation of Commitment Period

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Chapter 13 Statement of Your Current Monthly Income, Calculation of Commitment Period and Chapter 13 Calculation of Your Disposable Income (Official Forms 122C–1 and 122C–2)  

If you are filing under chapter 7, 11, or 12, do not fill out this form.   

Official Forms 122C─1 and 122C─2 determine the commitment period for your payments to creditors, how the amount you may be required to pay to creditors is established, and, in some situations, how much you must pay.   

You must file the Chapter 13 Statement of Your Current Monthly Income and Calculation of Commitment Period (Official Form 122C─1) if you are an individual and you are filing under chapter 13. This form will report your current monthly income and determine whether your income is at or below the median income for households of the same size in your state. If your income is equal to or less than the median, you will not have to fill out the second form. Form 122C-1 also will determine your applicable commitment period—the time period for making payments to your creditors, unless the court orders otherwise.   

If your income is above the median, you must file the second form, Chapter13 Calculation of Your Disposable Income (Official Form 122C─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 unsecured debts. Your chapter 13 plan may be required to provide for payment of this amount toward unsecured debts.   

Read each question carefully. You may not be required to answer every question on this form. The instructions will alert you if you may skip questions.  

Some of the questions require you to go to other sources for information. In those cases, the form has instructions for where to find the information you need.   

Generally, if you and your spouse are filing together, you should file one statement together.   

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 16c of Form 122C-1 and lines 6-15, 30, and 36 of Form 122C-2, go to:

  1.  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:  

  1. www.uscourts.gov/FederalCourts/Bankruptcy/BankruptcyResources/AdministrativeExpensesMultiplier.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 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.

 

Automatically apply the Halifax County expense standards, and North Carolina income standards to your means test calculation.

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