Texas Chapter 7 Means Test Calculation

State:
Texas
Control #:
TX-SD-B-122A-2
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Chapter 7 Means Test Calculation

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FAQ

If your total monthly income over the course of the next 60 months is less than $7,475 then you pass the means test and you may file a Chapter 7 bankruptcy. If it is over $12,475 then you fail the means test and don't have the option of filing Chapter 7.

You pass the means test if your means test calculation shows a negative number or a number close to zero. This means you don't have disposable income left over after paying your monthly expenses and you're eligible to file for Chapter 7 bankruptcy relief. In rare cases, you may be exempt from the means test.

If a filer qualifies for an exception to the means test, they will file Form 122A-1Supp. 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.

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.

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.

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.

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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Texas Chapter 7 Means Test Calculation