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Means Test

When completing Forms B22A or B22C (for Chapter 13), you will need to reference information from the Census Bureau and Internal Revenue Service (IRS). Instructions on completing these forms and access to the additional information can be found at the U.S. Trustee Program's Means Testing link.

As of October 17, 2005, consumer debtors (i.e., non-business debtors) must overcome a presumption of abuse in order to be eligible for relief under Chapter 7. Debtors seeking to file Chapter 7 are required to complete a Form B22A, entitled Statement of Current Monthly Income and Means Test Calculation. If the Chapter 7 filing is determined to be presumptively abusive, the debtor may try to rebut the presumption by showing special circumstances. Unless the debtor overcomes the presumption of abuse, the Court may convert the case to Chapter 13 (with the debtor's consent) or dismiss the case. See 11 U.S.C. § 707(b)(1).

 

 


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Last Updated: 31 October 2013