Chapter 7 Means Test – Income

November 24th, 2008 by Reed Allmand

In Dallas-Fort Worth Texas a debtor filing for Chapter 7 bankruptcy may have to take a means test which looks at the debtor’s average income over the 6 month period preceding the month of bankruptcy filing. In Texas, a single debtor filing for Chapter 7 bankruptcy must not make more than $3,093 per month or $18,560 over the past six months before filing for bankruptcy if he/she wants to avoid taking the means test. This figure is for a household of one person, those figures change as the household gets larger. This income includes all taxable income regardless of your expenses. So, even if a debtor has a mortgage of $4,000 per month and other expenses if they make over the $3,093 per month income threshold, they will need to take the means test. The means test is a measure used to see if a debtor can file Chapter 7 bankruptcy without it being an abuse of the system.

If a debtor finds that they don’t quite meet the income requirement when filing for Chapter 7 bankruptcy, it may be advisable to wait a few months if you expect your income to decrease. The bankruptcy court will only look at the last 6 months of income before you filed for Chapter 7 bankruptcy.

About Reed Allmand

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Allmand's vision is rooted in his own financially precarious childhood in Abilene "My father always had difficulty holding a job and supporting our family, so after my parents divorced when I was 12, my sister and I got jobs to help make ends meet," he recalls. "I remember what it felt like as a child to worry that our car would be repossessed or home foreclosed on."

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