Chapter 7 Means Test Explanation
To provide context for the calculator above, let's delve into the means test and its role in bankruptcy proceedings. It functions as an income assessment, examining your average monthly income and multiplying it by twelve to establish your annual income. This yearly figure is then compared to the median income in Utah to determine eligibility for Chapter 7 bankruptcy. Here are some key details:
- The means test assesses your entire household income, irrespective of whether your spouse is filing alongside you unless you are legally separated.
- You'll input the average monthly income from all sources over the six months preceding your bankruptcy filing. Total the income for these six months and divide by six to determine your average yearly income.
- Avoid duplicating income sources. For instance, if you and your spouse earn income from the same rental property, include the income from that property in a single column.
Utah Chapter 7 Bankruptcy Income Limit
Below are the median income limits for different household sizes in Utah. To be eligible for Chapter 7 bankruptcy, your household income may need to fall below the figures indicated below:
| # of People | Annual Income |
|---|
| 1 | $78,917 |
| 2 | $87,303 |
| 3 | $106,284 |
| 4 | $120,187 |
| 5 | $130,087 |
| 6 | $139,987 |
| 7 | $149,887 |
| 8 | $159,787 |
| 9 | $169,687 |
If you have more than 9 people in your household, you should be able to add $9,900 for each additional family member
What Is Considered Income?
Having covered the bankruptcy means test and the various income thresholds, let's now delve into what constitutes income and any exceptions that may apply. Below, we'll outline all the types of income considered in the bankruptcy means test:
- Salaried income: The amount you get paid each month.
- Spousal income: Your spouse's income is subject to challenge if you're in a joint case or aren't officially separated.
- Hourly and overtime pay: You can deduct any overtime you work.
- Net Rental Income: Any money you make from renting out real estate is included.
- Utah government income: Your state payments are included on this list if you get any.
- Alimony and child support
- Royalties, Interest, and Dividends: funds from investments and entrepreneurial ventures
- Retirement and Pension Income
- Net business income: The money you make from your firm is included if you are the owner and operator.
- Payments for annuities
- Compensation for unemployment
- Benefits from Worker's Compensation
What Is Considered In Household Size?
Another commonly asked question pertains to how household size is determined, particularly in the context of bankruptcy. In this context, household size encompasses all individuals financially linked within a single residence. This includes immediate family members, dependents, and individuals who depend on or contribute to the household's resources.
Utah Above Median Bankruptcy Means Test
If you use the Utah Means Test Calculator and see that you may not qualify for Chapter 7, you may be eligible after considering specific deductions.
The first form, known as the "Statement of Exemption from Presumption of Abuse Under §707(b)(2)," assists in determining if you're exempt from the presumption of abuse. The second form, the "Chapter 7 Means Test Calculation," enables you to deduct your allowable monthly expenses from your current monthly income (CMI) to determine your disposable income. These expenses encompass a combination of national and Utah expenses.
Moreover, if your disposable income falls below a certain threshold, you may still qualify for Chapter 7 bankruptcy. First, you can consider taking our Utah Means Test Calculator below to estimate your qualification based on the first part of the means test.
Allowable deductible expenses
If you're going through the bankruptcy means test, there are some expenses you can deduct from your actual expenses. Let's break them down for you:
- Mandatory employment expenses like union dues and retirement plans
- Health and disability insurance premiums
- Income taxes
- Child care expenses
- Term life insurance premiums
- Payments you make towards secured debts for your car and home.
- Alimony or child support
- Charitable contributions, but there's a limit based on a percentage of your income.
You may also be able to deduct other expenses depending on your particular circumstances. The amount you can deduct for these expenses is based on the number of people in your household. You can check the current national standards if you're curious about the maximum amounts allowed.
- These expenses include housekeeping supplies, clothing, food, personal care services and products, housing and utility expenses, transportation expenses, and out-of-pocket healthcare expenses.
If you have any other questions, contacting a local bankruptcy attorney in Utah is always a good idea. They can give you a free evaluation and answer all your questions.
What Happens If You Fail the Bankruptcy Means Test?
If you cannot pass the bankruptcy means test, exploring alternative options to manage your debt is advisable. One such option is filing for Chapter 13 bankruptcy. Unlike Chapter 7, Chapter 13 allows you to devise a repayment plan to settle your debts gradually over three to five years.
Additionally, alternative strategies such as debt settlement, debt management, or debt payoff planning may offer avenues to regain control of your financial situation. Below are brief outlines of each option:
- Debt settlement: Negotiate with creditors to settle your debts for less than the total amount owed, typically through lump-sum payments or structured repayment plans.
- Debt management: Collaborate with a credit counseling agency to establish a budget and repayment strategy, potentially resulting in reduced interest rates and consolidated payments to creditors.
- Debt payoff planning: Strategically prioritize and gradually pay off your debts over time, focusing on high-interest debts first or employing methods like debt snowball or debt avalanche.
Chapter 13 Bankruptcy
In Utah, Chapter 13 bankruptcy is commonly referred to as a wage earner's plan. Under this arrangement, individuals typically repay a portion of their unsecured debts through a structured payment plan. The advantage is that you can often retain your assets, there's no income qualification as long as you adhere to the debt limits, and the bankruptcy will only appear on your credit report for seven years instead of the standard 10. The duration of the payment plan can vary, but it typically spans between 36 to 60 months.
Debt Settlement
Debt settlement involves negotiating with your creditors, either independently or through a company, to decrease the amount of debt you owe. Typically, these programs include a payment plan lasting anywhere from 12 to 60 months. However, it's essential to note that not all debt settlement companies offer the same quality of service. Some may charge fees exceeding 25% of the debt enrolled in their program.
Consider consulting the Consumer Financial Protection Bureau for a comprehensive understanding of debt settlement programs. They provide up-to-date information to help you navigate the intricacies of debt settlement effectively.
Debt Management
Debt management, also known as credit counseling, involves a company negotiating with creditors to reduce the interest rates on your debts. While these companies primarily focus on working with credit card debts, they may not extend their services to unsecured personal loans. Once enrolled, you make regular payments to the debt management company, which then distributes the funds to your creditors on your behalf. Typically, this payment plan spans between 36 and 60 months.
Opting for debt management may reduce your interest rates, typically by around 10% to 20%, especially if you have substantial high-interest credit card debt. This can accelerate your debt repayment and save you between 30% to 50% of your current debt amount. Ultimately, it's crucial to assess your circumstances and choose the financial option that best aligns with your needs.
Summary
While navigating Utah's Chapter 7 bankruptcy means test and income limit may appear daunting, it's a crucial initial step towards achieving financial relief. Despite its intricacies, many opt for Chapter 7 due to its cost-effectiveness compared to other debt relief avenues. The means test evaluates your household's income against Utah's income limit, considering various exclusions.
If your income surpasses the threshold, don't lose hope. Eligibility for Chapter 7 bankruptcy also considers your expenses and deductions. It's essential to carefully assess these aspects of the means test to avoid mistakenly deeming yourself ineligible. Our calculator can provide a more accurate assessment of your qualifications.
There are alternative options to explore, such as debt management, debt settlement, or Chapter 13 bankruptcy. Regardless of the means test outcome, each option presents unique considerations and potential solutions, ensuring there's always a path forward.
