/Bankruptcy Means Test
Bankruptcy Means Test 2018-07-21T16:20:16+00:00

The Bankruptcy Means Test

A bankruptcy means test is used to determine if a person qualifies to file for Chapter 7 bankruptcy in Nevada.  The Nevada bankruptcy means test was designed to prevent people who are able to pay their debts from filing chapter 7 bankruptcy.  Our experienced Las Vegas bankruptcy attorney helps people determine if they “pass” the means test and are eligible to file for ch. 7 bankruptcy protection in Las Vegas, Clark County, Nevada.
The bankruptcy means test came about in 2005 through the Bankruptcy Abuse Prevention and Consumer Protection Act.  Since then, the purpose of the bankruptcy means test is an attempt to prevent people who can afford to make payments on their debts under Chapter 13 bankruptcy from completely erasing their debts with Chapter 7 bankruptcy.
If you’re considering filing for bankruptcy in Nevada, see an experienced Las Vegas bankruptcy lawyer for assistance.  Get more information regarding a Nevada bankruptcy means test from our Las Vegas debt relief experts.

Nevada “Median Income” Test

Las Vegas Bankruptcy Means Test Lawyer

If your monthly household income is less than the Nevada median income for a household of your size, you are presumed to be eligible to file for Chapter 7 bankruptcy under Section 707(b)(2).

Compare your household income over the past six calendar months to the state median.

Nevada state outline map | Bankruptcy Means Test

Median Household Income Test for Nevada

Compare your household income to the Nevada median income.

Form B122A-1 requires you to total up your income for the last six calendar months, average it, then annualize it, and then compare it to the Nevada median for your size household.

If your income is below this amount, you meet the requirements of the “means test” (section 707(b)(2) of the bankruptcy code) to qualify for Chapter 7 bankruptcy.

The chart below makes it a bit easier to figure out. Compare your six-month total income over the last six calendar months to the “6 Mo. Total” in the chart below to get a rough idea of in which side of the line you fall.

Note the rules for household size (column HH) that apply.

If LESS <

Nevada Median Income Test
Form B122A-1 (Line 13)

> If MORE

You Pass!

Chapter 7 is an option.

Not legally required to complete Form B122A-2, but may want to anyway.*

HH SizeMonthly Income6 Mo. TotalAnnual Income
1$4,098$24,585$49,170
2$5,184$31,102$62,204
3$5,592$33,551$67,101
4$6,450$38,699$77,397
5$7,150$42,899$85,797
6$7,850$47,099$94,197
7$8,550$51,299$102,597
8$9,250$55,499$110,997
9$9,950$59,699$119,397
10$10,650$63,899$127,797
Keep Going!

You must complete Form B122A-2 to determine if Chapter 7 is available.

Sources:
U.S. Trustee Program, Department of Justice,
11 U.S.C. Sec. 707(b)(7) exclusion.
Official Form B122A-1, Line 13

Source: U.S. Trustee, U.S. Department of Justice (for bankruptcy cases filed on or after May 1, 2018)

(*The applicable household size is the number that would currently be allowed as exemptions on your federal income tax return, plus the number of any additional dependents whom you support.)

*source: “Bankruptcy Means Test Calculator for Las Vegas, Nevada (Clark County) Renauer, Albin. Legal Consumer. 2018.Web. 27 June 2018.