In order to file for Chapter 13 bankruptcy, an individual must first complete the bankruptcy means test. The means test is a form that the individual needs to complete in order to determine if they are eligible for bankruptcy and it will also impact the length of the bankruptcy itself.
When Congress overhauled the bankruptcy laws in 2005, there was a lot of hubbub over the "means test." The good news is that if you plan to file for Chapter 13 bankruptcy, the means test has no bearing on your ability to do so.
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Simply put, the means test either qualifies you for a Chapter 7 bankruptcy or requires you to file a chapter 13 bankruptcy based upon disposable income. There may be other reasons to file a Chapter 13 bankruptcy, but we’ll leave those for another topic.
Oregon bankruptcy means test to determine if you can file Chapter 7 bankruptcy.. pay back a portion of your unsecured debts through a Chapter 13 bankruptcy.
To file Chapter 13 bankruptcy you must have a “regular source of income” and have some disposable income to apply towards your Chapter 13 payment plan. Chapter 13 bankruptcy is generally used by debtors who want to keep secured assets, such as a home or car, when they have more equity in the secured assets than they can protect with their.
If so, you won’t be allowed to use Chapter 7; instead, you will have to use Chapter 13 if you want to file for bankruptcy. The main goal of the means test is to require higher earning debtors to pay back some or all of their debt in Chapter 13, rather than allowing them to discharge their debt in Chapter 7.
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Find out more about the Chapter 13 Bankruptcy Means Test, and how Walker and Walker Bankruptcy Attorneys can help you pay back your debts.