You have a constitutional right to file for bankruptcy but you must qualify. The Means Test is used to determine whether your income is below the median income in California for your household size. Even if your income is above the median income you may still qualify.
At the Law Office of Jacqueline Y. Blade, we can explain how these tests apply to your case and how bankruptcy can help you. In our practice, we help people resolve their debt problems and get a fresh financial start. We are an experienced divorce and debt-relief law office that can help. Our bankruptcy attorney in Westlake Village helps you make an informed decision before filing.
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The Means Test
The following "Decision Tree" was created by Judge Tighe of the Central District of California. It will help you to visualize the path through the means test.
The Means Test applies to individuals whose debts are "primarily consumer" debts. Taxes are not considered consumer debts under case law.
Chapter 13 Best Interests & Best Efforts Test
In a Chapter 13 the Bankruptcy Code requires the debtor to file a repayment plan in an amount that is the greatest of these 3 tests: either repay in full, meet the Best Interests of Creditors test, or meet the best efforts test.
The Best Interests test requires an analysis of what the creditors would get if the debtor filed a Chapter 7 liquidation case. Creditors would get the value of non-exempt assets less administrative costs.
The Best Efforts test asks how much net disposable income is available each month is available to pay back creditors.
Contact Our Personal Bankruptcy Lawyer: Ventura, California
To learn more about how our bankruptcy means test lawyer in Westlake Village can assist you in resolving your specific legal concern, please call our law office at 805-496-2311 or contact us online.
We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.