It takes the size of your family and
the median income for your state into consideration.
Once you've calculated your income, compare it to
the median income for your state.
To qualify, you must show that you make too little money — less than
the median income for your state — or have insufficient disposable income to pay your debts.
To apply the means test, the courts will look at your average income for the 6 months before filing and then compare it to
the median income for your state.
On October 17, 2005, new federal bankruptcy law in America requires anyone whose gross income is higher than
the median income for their state to file bankruptcy under Chapter 13, instead of under Chapter 7.
Since new federal bankruptcy rules became law in October, 2005, anyone who has gross income higher than
the median income for their state is required to file bankruptcy under Chapter 13, instead of under Chapter 7.
If you make less than
the median income for your state, you're fine.
If your household income for a family your size is less than
the median income for the state, you will generally qualify to file a Chapter 7 bankruptcy.
This is because you must meet one of two requirements to file a Chapter 7 case: (1) you must be below
the median income for your state or (2) your disposable income must not exceed certain thresholds.
If you earn less than
the median income for your state, you can skip this test altogether.
The first test involves comparing your average income over the prior six (6) month period with
the median income for your state.