Chapter 13 is a less cumbersome version of a Chapter 11 bankruptcy reserved for. Means Test Calculation; Protection from Violations of the Automatic Stay.
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Means Test In Chapter 13 The same means test that is supposed to determine whether you can file Chapter 7 bankruptcy is used to decide what you must pay to creditors in Chapter 13. The test is not identical, but the principle is the same: use a standardized formula to calculate how much bankruptcy relief is available to this debtor.
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Official Form 122A-1 (Chapter 7 Statement of Your Current Monthly Income), Official Form 122A-1Supp (Statement of Exemption from Presumption of Abuse Under 707(b)(2)), and Official Form 122A-2 (Chapter 7 Means test calculation) (collectively the "122A Forms") are designed for use in chapter 7 cases.
If you are filing for Chapter 13 bankruptcy, you do not need to complete the means test. However, you do need to complete a form almost identical to it – and that will determine how much you must pay in a Chapter 13 plan.
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High-income filers who fail the means test can use Chapter 13 bankruptcy to repay a portion of their debts, but won’t be able to use Chapter 7 bankruptcy to wipe out their debts altogether. However, having to take the Chapter 7 means test doesn’t mean that you must be penniless to use Chapter 7 bankruptcy.
The main goal of the means test is to require higher earning debtors to pay back some or all of their debt in Chapter 13, rather than allowing them to discharge their debt in Chapter 7. Although Chapter 7 filers may lose any property they can’t protect with an available exemption, they don’t have to directly repay any debt.