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What is the Bankruptcy Means Test?

Why Bankruptcy Lawyers Use the Means Test

The bankruptcy means test is an essential component of the bankruptcy process in the United States. It was introduced in 2005 as part of the Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA), which aimed to address perceived abuses of the bankruptcy system. The means test is designed to determine whether an individual or family has enough disposable income to repay their debts, and if so, whether they are eligible for Chapter 7 bankruptcy.

Chapter 7 bankruptcy is also known as "liquidation bankruptcy" because it involves the sale of a debtor's non-exempt assets to pay off their creditors. However, not everyone is eligible for Chapter 7 bankruptcy. In order to qualify, an individual or family must pass the means test.

The means test is essentially a formula that calculates an individual or family's disposable income, which is the amount of money they have left over each month after paying for essential living expenses. The test compares this disposable income to the median income for a household of the same size in their state. If the individual or family's disposable income is below the median income, they automatically pass the means test and are eligible for Chapter 7 bankruptcy. However, if their disposable income is above the median income, they must complete the rest of the means test to determine whether they are eligible.

The rest of the means test involves a series of deductions from the individual or family's disposable income to determine whether they have enough left over to repay their debts. These deductions include expenses such as housing, transportation, food, and healthcare. If, after these deductions, the individual or family has enough disposable income to repay their debts, they are not eligible for Chapter 7 bankruptcy and must instead file for Chapter 13 bankruptcy, which involves a repayment plan.

The purpose of the means test is to ensure that those who are truly unable to repay their debts are able to access the fresh start that bankruptcy provides, while those who have the ability to repay their debts are required to do so. This helps to prevent abuses of the bankruptcy system and ensures that creditors are treated fairly.

However, the means test has been criticized for being too complicated and for unfairly penalizing low-income individuals and families. For example, the means test deducts expenses for food, clothing, and personal care based on national and regional standards, which may not accurately reflect the actual cost of living in a particular area. This can result in individuals and families having less disposable income than they actually need to cover their essential living expenses.

Furthermore, the means test does not take into account non-dischargeable debts, such as student loans and taxes, which can significantly impact an individual or family's ability to repay their debts. Additionally, the means test may not accurately reflect an individual or family's financial situation, particularly if they have experienced a sudden loss of income or an unexpected expense.

Despite these criticisms, the means test remains an important component of the bankruptcy process in the United States. It helps to ensure that those who are truly unable to repay their debts are able to access the fresh start that bankruptcy provides, while those who have the ability to repay their debts are required to do so. While the means test may not be perfect, it is an important tool for promoting fairness and preventing abuses of the bankruptcy system.