Bankruptcy Home | Means | Exemptions | Counseling | FDCPA | Forms | FAQ
Bankruptcy Information
Buck Edmunds PLC
The Means Test
Under Bankruptcy laws, you must pass the income "Means Test" in order to be permitted to file for Chapter 7 protection. Your average gross monthly income must be at or below the median income for your state. This income is determined by the size of your household; for example a husband and wife with two children would be 4. Your income for this test is determined by calculating your income for the 6 months prior to filing for bankruptcy. If you are currently unemployed, but had a good job 4 months ago, your income is not zero, but an average for the entire 6 month period. Income includes money received from all sources except social security.
The table below shows the means test figures accurate for cases filed on or after Nov. 1, 2009.
| Household Size | Monthly | 6 Month Total | Annual |
| 1 | $3,552 | $21,314 | $42,628 |
| 2 | $4,741 | $28,447 | $56,894 |
| 3 | $5,172 | $31,033 | $62,066 |
| 4 | $5,788 | $34,726 | $69,542 |
| 5 | $6,363 | $38,176 | $76,352 |
If you're 6 month income is greater than allowable, then you FAIL the means test and generally cannot file for Chapter 7. You may still file a Chapter 13 bankruptcy.