Means testing is a method of determining a person’s eligibility to maintain a Chapter 7 case. Under means testing a person whose current monthly income from all sources multiplied by 12 exceeds the median annual income, as reported by the U.S. Census Bureau, for the person’s state and family size, must show that he or she has a disposable monthly income of less than $124.58. If disposable monthly income is greater than $207.92, there is a presumption of abuse in filing a Chapter 7 case. Overcoming presumptions is a key part of the services rendered by Attorney Richard Bolger. Schedule an appointment to see how you would be affected by the filing of a bankruptcy petition. If monthly disposable income is between those two numbers, then you must determine whether the debtor could repay at least 25% of unsecured debt over the course of a 60-month period. If a debtor is deemed to be able to pay, their case will be dismissed or converted to Chapter 13 unless special circumstances exist.
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