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The Means Test and Chapter 7 Eligibility
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Are you eligible to file for Chapter 7 bankruptcy?
In 2005 Congress changed bankruptcy law to restrict who can file for Chapter 7 bankruptcy. The result was the often-talked about means test. The means test determines if you can realistically pay back some of your debt through a Chapter 13 repayment plan. If you can (that is, if you flunk the means test), you cannot file for Chapter 7 bankruptcy. Read about the means test and then use Nolo's Bankruptcy Means Test Calculator to see if you qualify.
In addition to the means test, there are other eligibility rules for Chapter 7 bankruptcy. Here’s where you can find the answers to these and other bankruptcy eligibility questions.
Chapter 7 Eligibility: An Overview
Find out if you might be a candidate for Chapter 7 bankruptcy.
Learn about the eligibility requirements for Chapter 7 bankruptcy.
Learn About the Means Test
An overview of the means test, including the basic steps involved in taking the test.
Some debtors do not have to take the means test in order to qualify for Chapter 7 bankruptcy.
Current monthly income (CMI) is an important part of the bankruptcy means test. Find out what it is.
If you are unemployed, you can still file for Chapter 7 bankruptcy. Find out how your employment status might affect your ability to pass the means test.
If the majority of your debt is business debt, you don't have to take the means test.
The Marital Adjustment Deduction
If you are filing for bankruptcy without your spouse, learn the rules on how to count your spouse's income for purposes of the means test.
Here are some of the expenses you can deduct in the marital adjustment part of bankruptcy's means test.
Means Test Calculator
If you're looking for an easy way to determine your eligibility under the Chapter 7 means test, use our online means test calculator. You enter your zip code and some income and expense information. The calculator pulls up the applicable income and expense standards for your state, county, and region and does the math for you to determine your eligibility.
Bankruptcy Eligibility Q&As
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