Topic
Means Test
60 published works
Texas Bankruptcy Blog
Does the Bankruptcy Code Discriminate Against the Self-Employed?
By Bryan Fears
How a self-employed debtor calculates Current Monthly Income (CMI) on the Means Test can determine the applicable commitment period (three or five years) in a Chapter 13 case. For instance,…
Georgia Bankruptcy Law Network
Can You Quit Your Job Or Reduce Hours To Qualify For Chapter 7?
By Scott Riddle
As discussed in more detail in other posts, to qualify for a Chapter 7 case most people have to "pass" the Means Test, which is based on your income for…
Texas Bankruptcy Blog
The Business Debt Exception to Chapter 7 Means Testing
By Bryan Fears
One of the most noteworthy changes to the bankruptcy code with the adoption of the 2005 BAPCPA amendments was the requirement that chapter 7 debtors have to under go means…
Texas Bankruptcy Blog
Chapter 7 and the Means Test
By Bryan Fears
In 2005, when the bankruptcy laws were reformed and “BAPCPA” was enacted, the Means Test was created to determine whether a potential debtor would qualify for a Chapter 7 discharge.…
Georgia Bankruptcy Law Network
Can My Chapter 7 Case Be Dismissed Because My Spouse Makes Too Much Money?
By Scott Riddle
One basic principle of Bankruptcy is that there is usually no "marital penalty" and individuals are still able to file for Chapter 7 or Chapter 13 based on their own…
Texas Bankruptcy Blog
High Income Chapter 13 Debtors Stay in Bankruptcy Five Years (Maybe)
By Bryan Fears
When Congress amended the Bankruptcy Code in 2005, it introduced a means test to compel high income debtors to repay a greater portion of debts. Debtors with average incomes higher…
Texas Bankruptcy Blog
Bankruptcy Statements
By Bryan Fears
As a part of your bankruptcy petition you will also attach certain statements. This article will describe the various statements that are common in a consumer bankruptcy case. The Statement…
Texas Bankruptcy Blog
Justice Department Announces New Means Testing Figures
By Bryan Fears
The United States Trustee Program, a component of the Department of Justice, recently released new median income information to be used in determining bankruptcy eligibility. The bankruptcy means test is…
Georgia Bankruptcy Law Network
Chapter 13 Bankruptcy Basics
By Scott Riddle
Chapter 13 Bankruptcy is one of the two most common types of Bankruptcy filed by individuals, with the other being Chapter 7. The primary distinguishing factor of Chapter 13 is…
Georgia Bankruptcy Law Network
What Is The Bankruptcy Means Test?
By Scott Riddle
The Bankruptcy "Means Test" is a form that must be completed by most individuals filing for Bankruptcy. The Test is used in determining whether an individual or couple qualify for…