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Kentucky Chapter 7 Means Test Calculation

Category:
Federal - District Court - Eastern District
State:
Kentucky
Control #:
KY-SKU-0459
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Description Means Test Pdf

Chapter 7 Means Test Calculation
The Kentucky Chapter 7 Means Test Calculation is a tool used to determine a person's eligibility for filing for Chapter 7 Bankruptcy. The means test considers a debtor's income and expenses to determine if they have the financial capability to pay back a portion of their debt. The test is based on the median income of the state of Kentucky and the debtor's ability to pay back a portion of their debt. There are two types of Kentucky Chapter 7 Means Test Calculation: 1. The Chapter 7 Means Test Calculation — This test compares the debtor's current monthly income to the median income for Kentucky households of the same size. If the debtor’s income is below the median, the debtor is eligible to file for Chapter 7 bankruptcy. 2. The Chapter 7 Presumption of Abuse Test — This test is used to determine if the debtor has sufficient disposable income to pay back a portion of their debt. If the debtor’s disposable income is above the median, then the debtor may not be eligible to file for Chapter 7 bankruptcy.

The Kentucky Chapter 7 Means Test Calculation is a tool used to determine a person's eligibility for filing for Chapter 7 Bankruptcy. The means test considers a debtor's income and expenses to determine if they have the financial capability to pay back a portion of their debt. The test is based on the median income of the state of Kentucky and the debtor's ability to pay back a portion of their debt. There are two types of Kentucky Chapter 7 Means Test Calculation: 1. The Chapter 7 Means Test Calculation — This test compares the debtor's current monthly income to the median income for Kentucky households of the same size. If the debtor’s income is below the median, the debtor is eligible to file for Chapter 7 bankruptcy. 2. The Chapter 7 Presumption of Abuse Test — This test is used to determine if the debtor has sufficient disposable income to pay back a portion of their debt. If the debtor’s disposable income is above the median, then the debtor may not be eligible to file for Chapter 7 bankruptcy.

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FAQ

You can earn a high income and still pass the means test if you have substantial expenses like a hefty mortgage, multiple car payments, taxes, childcare, health care, or care of an elderly or disabled person.

The means test is calculated by comparing the debtor's average income for the past six months (current monthly income), annualized, to the median income for households of the same size in the debtor's state of residence.

The Means Test This test uses a complex formula that takes the gross income for the 6 month period above, and then subtracts out only certain allowed IRS-budgeted expenses items, and ongoing secured debt obligations.

To determine your Chapter 7 bankruptcy income limit, add the last six months of your gross income ? this is what you earned before taxes and other deductions were taken out.

It takes into account your income, expenses and family size to determine whether you have enough disposable income to repay your debts. Although it was designed to restrict the number of debtors who can get their debts forgiven through a Chapter 7 bankruptcy, most people who take the means test pass it easily.

That means both taxed and untaxed income, including wages, salary, tips, bonuses, interest, dividends, royalties, retirement income, unemployment and workers' compensation, and others.

Expenses That Will Help You Pass the Chapter 7 Means Test House, car, and other secured debt payments.Overdue taxes.Court-ordered payments and arrearages.Child care.Involuntary deductions.Health, disability, or term life insurance.Other healthcare expenses.Education for employment or a disabled child.

Total average monthly payment for all mortgages and other debts secured by your home. To calculate the total average monthly payment, add all amounts that are contractually due to each secured creditor in the 60 months after you file for bankruptcy. Then divide by 60.

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More info

Most individual debtors filing for bankruptcy relief are required to complete a version of Bankruptcy Form 122. It's the analysis that determines whether you're eligible for relief under Chapter 7 of the Bankruptcy Code based on your monthly income.To qualify for Chapter 7 through the Means Test Calculation, you must have a negative disposable monthly income or an amount close to zero. This test is required to show that you're eligible for Chapter 7 bankruptcy based on your state's income standards. The "means test" is a formula designed to keep filers with higher incomes from filing for Chapter 7 bankruptcy. Map based on new Justice Department data for use in the Bankruptcy Means Test for cases filed on or after May 15, 2023. The first step in the Chapter 7 means test calculation is determining your current monthly income ("CMI"). The means test, which is the Chapter 7 means test, is a formula that uses in bankruptcy law to decide if the debtor is eligible for Chapter 7 bankruptcy. Use the free Chapter 7 means test calculator based on the bankruptcy means test to estimate Chapter 7 bankruptcy qualification. The means test looks at your income, and in some cases, your expenses and debts, to determine if you can afford to pay back some of your debts.

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