What is the “means test?”

The “means test” is a formula used to determine who can and cannot file for bankruptcy protection under Chapter 7. The law requiring a “means test” was enacted in 2005 to deter wealthy debtors from filing for Chapter 7 bankruptcy.

If you are filing for bankruptcy in Buffalo and your income is less than the state median of $57,683, or if more than 50% of your debts are business-related, you will not be subject to the means test.

If, as a result of the means test, you cannot file under Chapter 7, you may still be entitled to file for bankruptcy protection under Chapter 13.

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