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Means Test Chapter 13

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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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Remember that the supposed purpose of the means test was to funnel consumers into Chapter 13. And most of the Chapter 13 cases we file pay little or nothing to unsecured creditors . The money paid into the plan goes to creditors my clients want to pay, like delinquent mortgages, car loans, and recent taxes.

Why the Means Test Doesn’t Apply in Chapter 13 Chapter 13 is a different kind of means test. Unsecured creditors only get what’s "left over." If you qualify for a 36 month plan, however, you can choose be in the plan for up to 60 months. If your income is below the median that means that you.

The Means Test: Chapter 7 vs. Chapter 13 Bankruptcy Effects. The so-called bankruptcy "Means Test " is widely known as the standard or test for eligiblity in Chapter 7 bankruptcy, but it also governs the amount that must be paid on a monthly basis in a Chapter 13 bankruptcy payment plan, as well as the length of time for which payments must be made in a Chapter 13.

Form 122A-2 is the form certain chapter 7 debtors will complete and the multiplier is entered on Line 36; Form 122C-2 is the form certain chapter 13 debtors will complete and the multiplier is entered on Line 36. Schedules of Actual Administrative Expenses of Administering a Chapter 13 Plan (as Required by 11 U.S.C. 707(b)(2)(A)(ii)(III))

The Chapter 7 Means Test: Overview Articles. The means test helps you determines if you are eligible for Chapter 7 bankruptcy and the length of your plan in Chapter 13 bankruptcy. The lengthy form can be complicated to fill out. Find out some of the most common mistakes made when completing it, as well as if you have to fill it out at all.