If you’re unable to meet your debt obligations, reaching out to a bankruptcy lawyer might start you on the path back to financial freedom. Many people in Georgia and across the United States opt for a Chapter 7 proceeding, which allows filers to discharge their nonexempt debts. This is a powerful solution, but is not open to everybody.
Along with rules regarding previous filings, a common reason for the denial of Chapter 7 relief is that a debtor does not qualify under the means test. This standard compares the prospective filer’s income versus the median for the state. If the individual is making too much money after specified deductions are removed, they cannot receive a Chapter 7 debt discharge. However, they might benefit from a Chapter 13 bankruptcy.
As incomes change over time, so do the amounts used for the Georgia means test. Generally, adjustments to the median occur twice a year. In the most recent update, the means test qualification amounts are as follows for the most common household sizes:
- One-person household — $66,722
- Two-person household — $82,787
- Three-person household — $98,877
- Four-person household — $120,315
- Five-person household — $131,415
- Six-person household — $142,515
If you’re above the median for the relevant household size, you are not necessarily barred from Chapter 7 bankruptcy. Your attorney can review your living expenses, taxes, health insurance, childcare costs, medical expenses and other obligations. Should you have sufficient deductions, you can move forward with your debt discharge.
Special rules and exceptions may apply, so you should rely on an experienced bankruptcy attorney for a means test analysis rather than trying to figure things out on your own. Individuals with primarily business debts (rather than consumer debts) often receive different treatment. Certain disabled veterans and some National Guard/Reserve members may also be exempt from the means test.
If you’re considering filing for Chapter 7 bankruptcy, contact Jeff Field & Associates for a confidential discussion regarding your income over the six-month lookback period, deductible expenses and timing strategy. We assist clients across Georgia from offices in Douglasville, Gainesville, Bogart, Lawrenceville, Marietta and Decatur. Please call 404-381-1278 or contact us online to schedule a consultation.