- Instructor: Attorney Bob Schaller
- Lectures: 7
Statement of Means Test Calculation.
Every Chapter 7 debtor must file Official Form 122A-2, Chapter 7 Means Test Calculation when his/her annualized average monthly income (as calculated in Part 1 of Official Form 122A-1, Chapter 7 Statement of Your Current Monthly Income) exceeds the state’s median annual income for households of the same size as debtor’s household. The debtor does not have to file Official Form 122A-2, Chapter 7 Means Test Calculation when the debtor’s annualized average monthly income is less than the state’s median annual income for households of the same size as debtor’s household.
Like other statements, Bankruptcy Rule 9009 requires a debtor to use a specific national form prescribed by the Judicial Conference of the United States when calculating the means test. Bankruptcy Rule 9009(a). This rule is strictly enforced. The statement’s form may not be changed as to affect wording or the order of presenting information. Id. Every Chapter 7 debtor must file Official Form 122A-2, Chapter 7 Means Test Calculation when his/her annualized average monthly income (as calculated in Part 1 of Official Form 122A-1, Chapter 7 Statement of Your Current Monthly Income) exceeds the state’s median annual income for households of the same size as debtor’s household. The debtor does not have to file Official Form 122A-2, Chapter 7 Means Test Calculation when the debtor’s annualized average monthly income is less than the state’s median annual income for households of the same size as debtor’s household.
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