Florida Bankruptcy Means Test

Chapter 7 Bankruptcy Lawyer

Those interested in filing for bankruptcy under Chapter 7 must first pass an income means test. The means test used compares your income against the Florida median income for households of a similar size. The state median income figures used are taken from the most recent reporting year maintained by the Bureau of Census.

Under the bankruptcy means test, your Current Monthly Income (CMI) is compared against the state's median CMI to determine if you are eligible to file for Chapter 7 bankruptcy. CMI is the average monthly gross income earned in the six month period prior to filing for bankruptcy. Included in CMI are financial gifts or assistance from family members, income from a non-filing spouse, income from all job sources, and any income from a closely held business. Social Security income and business expenses are excluded from CMI.

When CMI Exceeds Florida's Median Income

When a person's CMI exceeds the state's median income, a number of deductions can be claimed and applied against CMI. Here, a complicated formula is used to deduct certain expenses from CMI in order to determine a person's Net Monthly Income (NMI). The formula employed assumes NMI indicates the amount of money a person has each month to pay off creditors.

While there are specific requirements surrounding each, the following expenses are deducted from CMI when determining NMI:

• Housing
• Living costs
• Cost of transportation
• Private school tuition
• Alimony / child support
• Child care
• Medical expense
• Tax withholding
• Internet and phone service costs
• Health savings accounts

Qualifying for Chapter 7

If your NMI is in excess of $166.66, you are not eligible to file for bankruptcy under Chapter 7. However, you may apply for an adjustment in your expenses if job loss, illness, costly child care payments, or a substantial pay cut impacts your financial situation. You can apply for a special circumstances waiver which allows you to file for Chapter 7 without having to first pass the means test. You will have to convince the court your expenses are genuine and that you have no other means or alternative of discharging your debt except through Chapter 7 bankruptcy.

The Importance of Working with a Bankruptcy Attorney

The means test and NMI calculations can be complicated. Sophisticated computer software is often required to determine if a person is eligible to file under Chapter 7, especially when NMI calculations are involved. At Kingcade & Garcia, our bankruptcy lawyers have the financial resources and tools needed to determine if you are eligible to file for Chapter 7. Even if you pass the means test, under Section 707(b) of the bankruptcy act, a United States Trustee or a party to your case, can ask the court to deny your Chapter 7 petition. If a creditor or US Trustee believes you have the ability to repay most of what you owe - even if you pass the means test - you will need an attorney to fight for you in bankruptcy court.

Be prepared and informed - contact Chapter 7 bankruptcy attorneys at Kingcade & Garcia today.