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What Is The Bankruptcy Means Test?

By:

Bankruptcy Owl Staff

Published: May 10, 2024

Last Updated: May 10, 2024

BANKRUPTCYMEANS TESTCHAPTER 7ELIGIBILITY

A small scale on a wooden table with a few dollar bills stacked behind, on a blue background.

If you're considering filing for Chapter 7 bankruptcy, you may have heard of the bankruptcy means test. This test, which was introduced as part of the Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA) in 2005, is designed to determine whether you have the financial means to repay a portion of your debts, or if you truly need the fresh start that Chapter 7 bankruptcy can provide. Let's break it down.

Key Takeaways

The bankruptcy means test determines eligibility for Chapter 7 bankruptcy
It compares your income to the state median income
Failing the means test may require filing for Chapter 13 bankruptcy instead

A close up of the hand of a person filling out a form with a pen.

How the Means Test Works

The bankruptcy means test is a two-part process. The first part compares your average monthly income over the six months prior to filing for bankruptcy to the median income in your state for a household of your size. If your income is below the state median, you automatically qualify for Chapter 7 bankruptcy.

If your income exceeds the state median, you move on to the second part of the means test. This part involves calculating your disposable income by subtracting certain allowable expenses, such as rent, utilities, and healthcare costs, from your monthly income. If your disposable income is above a certain threshold, you may not be eligible for Chapter 7 and may need to consider filing for Chapter 13 bankruptcy instead.

A gavel and a digital calculator on a wooden desk.

Calculating Your Income for the Means Test

To determine your eligibility for Chapter 7 bankruptcy, the means test first calculates your average monthly income over the six months prior to filing. This includes all sources of income, such as wages, salaries, bonuses, commissions, rental income, and any other regular income you receive.

" If your income falls below the state median, you automatically pass the means test and can proceed with filing for Chapter 7 bankruptcy. "

It's important to note that certain types of income, such as Social Security benefits and payments received as a victim of war crimes or terrorism, are excluded from the means test calculation. Once you have calculated your total income, you will compare it to the median income for a household of your size in your state. If your income falls below the state median, you pass the means test and can proceed with filing for Chapter 7 bankruptcy.

An overhead view of a group of lawyers around a table, discussing a case.

Allowable Expenses and Deductions

If your income exceeds the state median, the second part of the means test comes into play. In this step, you will deduct certain allowable expenses from your monthly income to determine your disposable income. These expenses include:

Living expenses, such as rent, utilities, and food
Healthcare costs
Transportation expenses
Mandatory payroll deductions
Child support and alimony payments

Some of these expenses are based on national and local standards set by the IRS, while others are based on your actual monthly expenses. If, after deducting these allowable expenses, your disposable income is below a certain threshold, you may still be eligible for Chapter 7 bankruptcy. However, if your disposable income is above the threshold, you may need to consider filing for Chapter 13 bankruptcy instead.

A man standing in front of a chalk board with a "?" written on it, black and white.

Special Circumstances and Exceptions

While the means test provides a standardized method for determining Chapter 7 eligibility, there are certain special circumstances and exceptions that may apply. These can include:

Disabled veterans whose debts were incurred primarily during active duty or homeland defense activities
Individuals whose debts are primarily non-consumer debts (e.g., business debts)
Reservists and National Guard members called to active duty

Additionally, if you can demonstrate that your financial situation has changed significantly since the six-month period used for the means test (e.g., due to job loss or medical emergency), you may be able to qualify for Chapter 7 bankruptcy despite initially failing the means test.

If you believe that your circumstances warrant special consideration, it's esse

A person sitting at desk with a lawyer, completing paperwork.

What Happens if You Fail the Means Test?

If you fail the means test, it doesn't necessarily mean that you can't file for bankruptcy. However, it does mean that you may not be eligible for Chapter 7 bankruptcy, which is known for its debt-eliminating power. Instead, you may need to consider filing for Chapter 13 bankruptcy.

In a Chapter 13 bankruptcy, you will work with the court to create a three- to five-year repayment plan for your debts. This plan will be based on your disposable income, and you will be required to make regular payments to a bankruptcy trustee, who will then distribute the funds to your creditors.

" Failing the means test doesn't necessarily disqualify you from bankruptcy relief; it may simply mean that Chapter 13 is a more appropriate option for your financial situation. "

While Chapter 13 bankruptcy can be a more lengthy and complex process than Chapter 7, it does offer certain advantages. For example, it can allow you to catch up on missed mortgage or car loan payments and prevent foreclosure or repossession. Additionally, some debts that are not dischargeable in Chapter 7, such as certain types of tax debts, may be addressed through a Chapter 13 repayment plan.

Ultimately, if you fail the means test, it's crucial to explore all of your options with an experienced bankruptcy attorney. They can help you understand the implications of the means test results and guide you towards the most appropriate course of action for your unique financial situation.

A man with his back turned, sitting at a desk on a phone call.

The Importance of Working with a Bankruptcy Attorney

Working your way through the bankruptcy means test and the entire bankruptcy process can be complex and overwhelming, especially when you're already facing financial difficulties. That's why it's crucial to work with a knowledgeable bankruptcy attorney who can guide you through the process and help you make informed decisions.

A bankruptcy attorney can:

Help you understand the means test and determine your eligibility for Chapter 7 bankruptcy
Identify any special circumstances or exceptions that may apply to your case
Explore alternative options, such as Chapter 13 bankruptcy or debt settlement, if you don't qualify for Chapter 7
Ensure that you complete all necessary paperwork and meet all requirements for your bankruptcy filing
Represent your interests throughout the bankruptcy process, from filing to discharge

The guidance and support of an experienced attorney can be invaluable. They can help you avoid costly mistakes, protect your rights, and achieve the best possible outcome for your unique financial situation.

A man sitting at a desk, composing an email on his laptop.

Considering Bankruptcy? We Can Help.

If you're struggling with overwhelming debt and considering bankruptcy, our experienced attorneys can provide the guidance and support you need. Contact us today for a free consultation.

Conclusion

The bankruptcy means test is a critical component of the Chapter 7 bankruptcy process, designed to ensure that those who have the means to repay a portion of their debts do so, while still providing relief for those who truly need it. By understanding how the means test works and what it means for your unique financial situation, you can make informed decisions about your bankruptcy options and take the first steps towards a brighter financial future.

Remember, if you're considering bankruptcy, working with a knowledgeable bankruptcy attorney can provide you with the guidance, support, and expertise you need to make the most of your fresh start.

If you have questions about the means test or any other aspect of the bankruptcy process, don't hesitate to reach out to our experienced team. We're here to help you understand your options and take control of your financial future.

Frequently Asked Questions

What is the purpose of the bankruptcy means test?

What happens if I fail the bankruptcy means test?

Are there any exceptions to the bankruptcy means test?

How can I determine if I qualify for Chapter 7 bankruptcy under the means test?

What should I do if I'm unsure about my eligibility for Chapter 7 bankruptcy?

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Last updated on June 7, 2023

We adopt this notice to comply with the California Consumer Privacy Act of 2018 (CCPA) and any terms defined in the CCPA have the same meaning when used in this Policy.

Information We Collect

We collect information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household, or device (“personal information”). Personal information does not include:

Publicly available information from government records.
Deidentified or aggregated consumer information.

Category	Examples	Collected
A. Identifiers	A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver’s license number, passport number, or other similar identifiers.	YES
B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e))	A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information.	YES
C. Protected classification characteristics under California or federal law	Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).	YES
D. Commercial information	Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.	YES
E. Biometric information	Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.	NO
F. Internet or other similar network activity	Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.	YES
G. Geolocation data	Physical location or movements.	NO
H. Sensory data	Audio, electronic, visual, thermal, olfactory, or similar information.	NO
I. Professional or employment-related information	Current or past job history or performance evaluations.	NO
J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99))	Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.	NO
K. Inferences drawn from other personal information	Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.	NO

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Directly from you. For example, from forms you complete or products and services you purchase.
Indirectly from you. For example, from observing your actions on our Website (such as page clicks, times spent, and other automatically collected meta data), and communicating with your web browser and the server that sent you to our Website.
Internet cookies.

Use of Personal Information

We may use or disclose the personal information we collect for one or more of the following purposes:

To fulfill or meet the reason you provided the information, which is primarily for the purpose of matching potential customers with providers of dating services. For example, if you share your name and contact information to request information about a dating website, we will use that personal information to respond to your inquiry and facilitate your introduction to the dating service provider.
To provide, support, personalize, and develop our Website, products, and services.
To create, maintain, customize, and secure your account with us.
To process your requests, purchases, transactions, and payments and prevent transactional fraud.
To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
To personalize your Website experience and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads through our Website, third-party sites, and via email or text message (with your consent, where required by law).
To help maintain the safety, security, and integrity of our Website, products and services, databases and other technology assets, and business.
For testing, research, analysis, and product development, including to develop and improve our Website, products, and services.
To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
As described to you when collecting your personal information or as otherwise set forth in the CCPA.
To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about our Website users is among the assets transferred.

We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

Sharing Personal Information

We may share your personal information by disclosing it to a third party for a business purpose. We only make these business purpose disclosures under written contracts that describe the purposes, require the recipient to keep the personal information confidential, and prohibit using the disclosed information for any purpose except performing the contract. In the preceding twelve (12) months, Company has disclosed personal information for a business purpose to the categories of third parties indicated in the chart below.

We may also share your personal information by selling it to third parties, subject to your right to opt-out of those sales. Our personal information sales do not include information about individuals we know are under age 16. In the preceding twelve (12) months, Company has not sold any personal information, but we anticipate selling the following categories of personal information to the categories of third parties indicated in the chart below shortly after the Effective Date. For more on your personal information sale rights, see Personal Information Sales Opt-Out and Opt-In Rights.

Personal Information Category	Category of Third-Party Recipients
Personal Information Category	Business Purpose Disclosures	Sales
A: Identifiers	Email service providers Dating and relationship product and service providers	None
B: California Customer Records personal information categories	None	Dating and relationship product and service providers
C: Protected classification characteristics under California or federal law	None	Dating and relationship product and service providers
D: Commercial information	None	Dating and relationship product and service providers
E: Biometric information	None	None
F: Internet or other similar network activity	None	Dating and relationship product and service providers
G: Geolocation data	None	None
H: Sensory data	None	None
I: Professional or employment-related information	None	None
J: Non-public education information	None	None
K: Inferences drawn from other personal information	None	None

Deidentified Patient Information

We do not sell or disclose deidentified patient information exempt from the CCPA to third parties.

Your Rights and Choices

The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.

Right to Know and Data Portability

You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months (the “right to know”). Once we receive your request and confirm your identity (see Exercising Your Rights to Know or Delete), we will disclose to you:

The categories of personal information we collected about you.
The categories of sources for the personal information we collected about you.
Our business or commercial purpose for collecting or selling that personal information.
The categories of third parties with whom we share that personal information.
If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
- Sales, identifying the personal information categories that each category of recipient purchased.
- Disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.
The specific pieces of personal information we collected about you (also called a data portability request).

Right to Delete

You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions (the “right to delete”). Once we receive your request and confirm your identity (see Exercising Your Rights to Know or Delete), we will review your request to see if an exception allowing us to retain the information applies. We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, or otherwise perform our contract with you.
Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
Debug products to identify and repair errors that impair existing intended functionality.
Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
Comply with a legal obligation.
Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

We will delete or deidentify personal information not subject to one of these exceptions from our records and will direct our service providers to take similar action.

Exercising Your Rights to Know or Delete

To exercise your rights to know or delete described above, please submit a request by email at contact@bankruptcyowl.com.

Only you, or someone legally authorized to act on your behalf, may make a request to know or delete related to your personal information.

You may only submit a request to know twice within a 12-month period. Your request to know or delete must:

Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative, which may include: your name, date of birth, email address, and ZIP code.
Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.

You do not need to create an account with us to submit a request to know or delete.

We will only use personal information provided in the request to verify the requestor’s identity or authority to make it.

For instructions on exercising your sale opt-out or opt-in rights, see Personal Information Sales Opt-Out and Opt-In Rights.

Response Timing and Format

We will confirm receipt of your request within ten (10) business days. If you do not receive confirmation within the 10-day timeframe, please email us at contact@bankruptcyowl.com.

We endeavor to substantively respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to another 45 days), we will inform you of the reason and extension period in writing.

If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.

Any disclosures we provide will only cover the 12-month period preceding our receipt of your request. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Personal Information Sales Opt-Out and Opt-In Rights

If you are age 16 or older, you have the right to direct us to not sell your personal information at any time (the “right to opt-out”). We do not sell the personal information of consumers we actually know are less than 16 years old. Consumers who opt-in to personal information sales may opt-out of future sales at any time.

To exercise the right to opt-out, you (or your authorized representative) may submit a request to us by visiting the following Internet Web page link: https://bankruptcyowl.com/do-not-sell-or-share-my-personal-information

Once you make an opt-out request, we will wait at least twelve (12) months before asking you to reauthorize personal information sales. However, you may change your mind and opt back into personal information sales at any time by visiting our website and resubmitting your personal information (for example, by re-taking the online quiz).

You do not need to create an account with us to exercise your opt-out rights. We will only use personal information provided in an opt-out request to review and comply with the request.

Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

Deny you goods or services.
Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
Provide you a different level or quality of goods or services.
Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt-in consent, which you may revoke at any time.

Changes to Our Privacy Policy

We reserve the right to amend this privacy policy at our discretion and at any time. When we make changes to this privacy policy, we will post the updated notice on the Website and update the notice’s effective date. Your continued use of our Website following the posting of changes constitutes your acceptance of such changes.

Contact Information

If you have any questions or comments about this notice, the ways in which we collect and use your information described here, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at contact@bankruptcyowl.com.

If you need to access this Policy in an alternative format due to having a disability, please contact contact@bankruptcyowl.com.

Terms

Privacy

Affiliate Disclosure

Do Not Sell Or Share My Personal Information

PAID ATTORNEY ADVERTISEMENT: This Website is a group advertisement. It is not a lawyer referral service. bankruptcyowl.com is owned and operated by Bankruptcy Owl and is not a law firm. We connect people to legal service providers and there is no charge to be connected with an attorney. You are under no obligation to retain any services of those connected through our website. We try our best to keep things fair and balanced to help you make the best choice for you. This information does not constitute legal or medical advice and it should not be relied upon as such. Results are not guaranteed and past performance is not an indication of future success. Always consult with your doctor before modifying your medication or regular medical regimen.

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