A quick bankruptcy filing can erase all of your debt, make the bill collectors stop calling, and give you a free pass to a better future. This is how many people think about chapter 7 bankruptcy, but then they learn about the Means Test. For some, this test bursts the bubble of hope and puts a price tag on that pass to a better future.
What is the Means Test?
The means test uses three factors to determine whether you are financially allowed to go through with a chapter 7 bankruptcy filing:
- The median income for households of your size in your state.
- Your total income.
- Your expenses.
In order to be considered eligible for chapter 7 bankruptcy filing you have to meet one of these criteria:
- Your total income is less than the median income for a family of your size in your state.
- Your income is higher than the state median, but you have enough expenses to justify a bankruptcy filing at this time.
The basic goal of the means test is to make sure that people who have enough disposable money to pay their bills are not able to file for chapter 7 and erase debt just to get out of paying. If you have the ability to free up some of your income and pay back your debt, then you should be forced to do so.
If you have enough free income to pay back some of your debt but not all of it, then you will likely be suggested for a chapter 13 bankruptcy filing rather than the chapter 7 filing. Chapter 7 completely erases away your debt while chapter 13 allows you to restructure the payback so it is more affordable to your current income.






