Ast & Schmidt, P.C.
We Focus Exclusively On Protecting Your Rights In Bankruptcy And Foreclosure. Call Us In Morristown Today.
Email 973-984-1300

What do the means test results mean for your bankruptcy filing?

If you are one of the numerous New Jersey residents who is struggling financially, you have probably been doing some research on debt relief options. That search has led you here. While bankruptcy may not have been your first choice, it may be your best option.

Before you start a bankruptcy filing, you have to figure out for which type of bankruptcy protection you qualify. The means test is typically used for this purpose.

Means test basics

To take the means test, you need to know your income level and the median income level of the state. This test is going to compare the two numbers. If your number is lower than the state number, you pass. If your number is higher, Chapter 7 bankruptcy may be out of reach.

If you fail the basic means test, you can examine your situation in further detail in order to determine if you might qualify for a Chapter 7 bankruptcy filing after all. By looking at your monthly expenses, you can figure out your disposable income. This is the amount of money you have left after paying qualify expenses, such as:

  • Housing costs
  • Transportation expenses
  • Food expenses
  • Clothing costs

In other words, how much money do you have after paying to meet your basic needs? If your disposable income is enough to pay your creditors, a Chapter 13 bankruptcy filing may be in your future as opposed to a Chapter 7.

A lot of New Jersey residents qualify for Chapter 7

Thanks to the state's high median income level, more New Jersey residents may qualify for Chapter 7 bankruptcy protection than you would think. If you happen to have some level of disposable income, you may be able to file Chapter 7 bankruptcy anyway and you may achieve approval. If the court finds your disposable income is too high, your filing can be converted to a Chapter 13. Legal counsel can help you determine which type of bankruptcy is best for your situation.

The protections and relief offered in an approved bankruptcy filing can help you move forward in your life with less financial stress. There are benefits to both Chapter 7 and Chapter 13 filings. Once you figure out for which type you qualify and which type will offer you the most benefits, you can begin the bankruptcy process in order to seek immediate relief.

No Comments

Leave a comment
Comment Information
Ast & Schmidt, P.C.

Ast & Schmidt, P.C.
222 Ridgedale Avenue 3rd Floor
P.O. Box 1309
Morristown, New Jersey 07962

Phone: 973-984-1300
Fax: 973-984-1478
Morristown Law Office Map