Top bankruptcy lawyer Bryan Keenan founder of Bryan P. Keenan & Associates, PC in Pittsburgh, PA explains how the Chapter 7 means test evaluates household income, expenses, and disposable income to determine eligibility for bankruptcy relief. For more information please visit https://bryankeenanattorney.com
-- For many struggling with unmanageable debt, Chapter 7 bankruptcy offers the fastest route to a financial fresh start. But Pennsylvania attorney Bryan P. Keenan revealed that to qualify for Chapter 7 a person must pass a means test disposable income calculation.
For more information please visit https://bryankeenanattorney.com
Bryan P. Keenan, of Bryan P. Keenan & Associates in Pittsburgh, PA, explained that the means test was first introduced as part of the 2005 Bankruptcy Abuse Prevention and Consumer Protection Act to stop high-earners using Chapter 7 to wipe out debts.
“The means test is there to address whether a person has enough disposable income to repay creditors instead of seeing their debts discharged,” he said. The test is a starting place to determine the dollar amount that must be repaid to unsecured creditors through a Chapter 13 repayment plan. In a Chapter 13 a person can reorganize their debts under chapter 13 through a repayment plan approved by the court.
Bryan P. Keenan explained that the first step of the means test is to compare a filer’s average gross income of the past six months with the median income of householders of the same size in the state where they live.
If their income falls below the median line, then they will qualify for Chapter 7. Above that line, the process continues to the second stage.
He said that the next stage is to analyze disposable income rather than gross earnings. This considers deductions for necessary living expenses, including housing, utilities, transportation, food, clothing, medical and health care, and education. Once all of these factors are calculated, it determines whether the individual’s income exceeds the allowable threshold.
Most expenses are based on national and local standards, not a person’s actual spending. After subtracting permitted expenses from income, the court evaluates whether enough disposable income remains to repay a meaningful portion of debts. If the remaining amount falls below a certain threshold, the filer passes the means test.
Bryan P. Keenan highlighted that some filers will fail the means test because they have higher household income with fewer dependents; or, are living in areas with lower median income benchmarks; due to recent bonuses, overtime, or temporary income spikes; or for underestimating the eligible expenses.
Some filers are exempt from the means test, such as disabled veterans whose debts are primarily non-consumer related and those whose debts are largely business-related.
Courts can also consider exceptional circumstances, such as serious medical conditions or unexpected caregiving responsibilities that justify additional expense deductions.
It is important to remember that even though an individual may not qualify for relief under Chapter 7, they may still be eligible for Chapter 13 bankruptcy, he said. This involves a structured repayment plan over three to five years.
Bryan P. Keenan emphasized that filers should consult a bankruptcy attorney as they will play a critical role in receiving the right guidance and helping them accurately assess eligibility and determine the most effective path forward.
“Proper planning and the correct advice can mean the difference between immediate relief and years of unnecessary financial strain,” he concluded. He urges individuals to seek professional guidance to evaluate their available bankruptcy options.
Source: http://RecommendedExperts.biz
Contact Info:
Name: Bryan Keenan
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Organization: Bryan P. Keenan & Associates
Address: 993 Greentree Rd #101, Pittsburgh, PA 15220
Phone: 412-922-5116
Website: https://bryankeenanattorney.com
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