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Failing the means test does not mean you can’t file bankruptcy. It simply means that Chapter 7 is not available, now. You can file one of the reorganization chapters, 11 or 13; or you can adjust your income and debt situation to increase the likelihood you pass the means test later.
Ohio Bankruptcy Means Test If you would like to file a Chapter 7 bankruptcy you must pass the ohio means test. The test only applies to higher income filers which means that if your income is below the Ohio median for your household size you are exempt from the test and may file a Chapter 7.
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In addition, the total amount paid to creditors under the Chapter 13 plan must also be at least as much as creditors would have received if the debtor filed a Chapter 7 bankruptcy. To file chapter 13 bankruptcy you must have a “regular source of income” and have some disposable income to apply towards your Chapter 13 payment plan.
The Advantage of Skipping the "Means Test" But not everybody passes the "means test." If not, their cases are either "dismissed" (thrown out) or changed into a Chapter 13 "adjustment of debts" case. A Chapter 13 case requires paying creditors as much as your budget allows for a period of 3 to 5 years.
In the case of a Chapter 13 means test only, you may deduct a voluntary contribution to an ERISA retirement account, such as a 401(k), as well as payments you make on loans taken out from the retirement account.
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A means test determines if you make enough money to repay at least a portion of your debt through a Chapter 13 bankruptcy repayment plan or if you qualify for a Chapter 7 bankruptcy instead. Take a look at the details of a chapter 13 means test below. Who Takes the Chapter 13 Means Test. If you have an income that is greater than the median income in Georgia, you will have to take the means test. This will compare your income to your expenses and deductions.
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Official Form 122C-1 (Statement of Your current monthly income and Calculation of Commitment Period) and Official Form 122C-2 (Chapter 13 Calculation of Your Disposable Income) (collectively the "122C Forms") are designed for use in chapter 13 cases.