If You Fail the Bankruptcy Means Test

If you fail the bankruptcy means test, then you will be required to file for chapter 13 bankruptcy instead. This may be a better option for many debtors, because your credit score will not be as adversely affected as it would be in a chapter 7 bankruptcy. In many chapter 13 cases, your credit score will actually go up over the course of your repayment plan, so you can start over financially with a good credit score. Additionally, you will be able to keep all of your personal property while significantly reducing your monthly payments. A failure of the bankruptcy means test essentially means you make too much money to file for chapter 7 bankruptcy, and that chapter 13 would be better for your future.

Fast Facts

  • The means test was introduced as part of the bankruptcy abuse prevention and consumer protection act (BAPCPA) of 2005.
  • Passing the means test is a requirement of chapter 7 bankruptcy.

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