Chapter 7 Eligibility And The Means Test
Understanding the Chapter 7 Means Test
If you are considering filing for Chapter 7 bankruptcy, you must first pass the means test. This is the part that many individuals can get overwhelmed with. The good news is that you do not have to figure it out on your own! Alexander Hilton & Associates has helped countless clients successfully navigate their Chapter 7 bankruptcy filings and can do the same for you.
With more than two decades of proven experience under our belts, we know how to quickly and effectively determine when our clients are eligible to file under Chapter 7. When you come to us, we will help you gather all financial documents, calculate your current monthly income accurately, and assess whether Chapter 7 will work for your situation.
Determining Your Eligibility Through the Means Test
The means test in Oklahoma measures a person’s finances against the average in their area to determine if they will be eligible to file for Chapter 7 Bankruptcy. If your monthly level of income averaged over the last 6 months is below the median income of a household in your area, then you automatically pass the means test.
However, if your income is above the median, you can still qualify for Chapter 7 though more calculations via the Means Test.. Even people whose earnings are substantially higher than median income may qualify through application of all available "IRS regional means test deductions" and "allowances". For instance, tax withholdings, insurance costs, auto expenses, above-average medical expenses, charitable contributions and many other expenses can be used to reduce gross monthly income and qualify those who might not otherwise qualify.
ONLY A highly experienced Chapter 7 attorney knows all of these and how they can be applied in your case. You need an advocate who understands exactly how qualify you when others can't or won't because they don't know how or are unsure. Alexander Hilton & Associates has saved clients hundreds of thousands this way.
What Are the Chapter 7 Income Limits in Oklahoma?
Below is a table showing the Oklahoma median income standards for the Means Test. These are for cases filed on or after May 1, 2022.
|Size of Household||Monthly Income||Annual Income|
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Exceptions to the Means Test
In several situations, individuals can gain somewhat of a fast-pass to filing Chapter 7 bankruptcy, without having to qualify for the means test.
Those that can be considered exceptions to the means test include:
- Disabled veterans who incurred 50% or more of their debts while on active duty;
- The national guard and members of the military reserve
- Persons whose debts are at least 50% business related (non-consumer debts)
- Social Security income is not included in means testing
Need Help With the Chapter 7 Means Test? Call (405) 725-1441.
Alexander Hilton & Associates has guided clients to debt-free life since 1990. Recognized as one of the Top 3 bankruptcy lawyers in Oklahoma City by Three Best Rated in 2020, you can rest easy knowing that your matter is in experienced hands. If you need assistance with the means test or are wondering if Chapter 7 is the right solution for you, reach out to us today. We are ready to discuss the details of your matter, help you make informed financial decisions, and free you from the shackles of debt.