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What If I Am Over the Means Test And Can’t Qualify for a Chapter 7 bankruptcy?

  • By: Christopher Benson
  • Published: September 15, 2014

The “Means Test” is a financial income test that was introduced in 2005 as part of the Bankruptcy Abuse Prevention and Consumer Protection Act, which made it harder to file Chapter 7 bankruptcy. The means test is quick evaluation of your income based on your family size.

The Means Test calculation is very important and is a determining factor of eligibility for the type of bankruptcy relief you may want to choose.

The Means Test involves a few steps. First, you compare your family income to the median income in your state. If your income is less than the median, than you can use Chapter 7 bankruptcy or a Chapter 13 bankruptcy with a shorter plan length.

If you are over the Means Test limit, then you are not eligible for a Chapter 7 bankruptcy; however, the good news that you are still eligible for Chapter 13 bankruptcy relief and all the benefits associated with that path.

The best thing to do is find out your options for free. Most bankruptcy lawyers offer a free initial consultation to determine what options are available for you. It usually only takes about 30 to 45 minutes of your time to stop guessing and actually put a game plan

If you file the wrong type of bankruptcy, your filing will be rejected and you will have to start all over while receiving none of the protections a bankruptcy filing gives you. So make the call today and find out your options as soon as possible.

Over the past 22 years, the Law Offices of Christopher A. Benson has helped over 2,300 of Washington clients take control of their financial situation. We can stop your garnishment and change your monthly payments for all your combined unsecured debt, and if you have had more than $600 garnished within the last 90 days, we can get all of the money back in most cases. But you have to act quickly–call (253) 815-6940 for your free consultation, or email us today. Evening and weekend appointments available.

Christopher Benson

About the Author Chris served on the Board of Directors for Habitat for Humanity
Seattle/S. King County for 10 years and served as Vice President
of the organization during part of that time. Read More