Only above-median debtors have to “take” Means Test in Chapter 13, and the purpose of the form is to determine the amount unsecured creditors (for example credit card issuers, medical providers) should receive in the debtor’s Chapter 13 plan.
Means Test In Chapter 13. The means test now governs whether a proposed Chapter 13 plan meets the "best efforts" test for confirmation. The alternate confirmation tests is the "best interests of creditors" test. It requires that creditors get at least as much in a Chapter 13 as they would have gotten in a Chapter 7 case.
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As part of your Chapter 13 paperwork, you must complete Form 22C — Chapter 13 Statement of current monthly income and Calculation of Commitment Period and Disposable Income. This form is also referred to as the Chapter 13 means test and is used to determine how long your plan will last (discussed above) and how much you must pay nonpriority unsecured creditors in your bankruptcy.
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When Congress overhauled the bankruptcy laws in 2005, there was a lot of hubbub over the "means test.". The good news is that if you plan to file for Chapter 13 bankruptcy, the means test has no bearing on your ability to do so. The means test is used only to weed out some folks from Chapter 7 bankruptcy eligibility.
Means Test. Chapter 13 of the Bankruptcy Code allows debtors to propose a court-supervised debt repayment plan, while chapter 7 allows debtors to liquidate (or wipe out) their debt.
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Up until this decision, the Trustees in Chapter 13 cases were requiring debtors to pay the amount of their current, actual surplus income, rather than what the means test showed. As far as the plan term goes, if the means test shows negative income, then a 3-year plan term (which is the minimum allowed in Chapter 13) would suffice.
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You are able to keep your real estate and personal property. When you file chapter 13 bankruptcy, the court uses a specific means test to crunch the numbers on your debt and disposable income and come.