What You Need to Know Now About the Bankruptcy Means Test

There is a lot of misconception out there about whatlow salary. This simply means that it is reasonable for
the new bankruptcy laws mean, and many peopleyou to need bankruptcy.
who are in trouble with their finances think that theyIf your annual salary is higher, this doesn't mean that
can no longer declare bankruptcy. It's important toyou can't successfully file Chapter 7 bankruptcy.
understand the new provisions, and one of the mostHowever, you will have to take additional steps to
important changes in the bankruptcy code has to doprove your need for bankruptcy. This will include a
with something labeled the means test.detailed documentation of your income and expenses.
There seems to be an ongoing struggle between theFor the relatively low percentage of applicants who
credit industry and consumers when it comes tofail the means test, the court will force them to
bankruptcy laws and other regulations. Recently,choose Chapter 13 bankruptcy. This of course means
Congress passed the bankruptcy Reform Act as athat the consumer has to pay back the debt (or at
result of pressure from the credit industry. This lawleast part of it) by making monthly payments
was supposedly aimed at preventing abuse fromthroughout the next three to five years.
consumers who declare bankruptcy even thoughMany have complained about this new law, but the
they can afford to pay off their debts.fact is we are stuck with it for now for better or
To that end, the means test was created toworse. Feel free to contact your Congressman and
determine whether a person should be allowed tocomplain if you wish, but for the time being simply
declare bankruptcy based on income and expenses.discuss your options carefully with your attorney to
If your income is lower than the median salary insee if bankruptcy is right for you. You'll also want to
your state, then you don't even have to worrylearn as much as possible from these kinds of articles
about this test because you obviously have quite aand other resources.