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Is there a means test for Chapter 13 bankruptcy?
Eligibility for Chapter 13 Bankruptcy. When you file for Chapter 13 bankruptcy, there is no "means test" to determine whether your income is too high.
What is the purpose of the means test in Chapter 7?
The purpose of the means test in Chapter 7 bankruptcy is to determine if you have enough income to repay some of your debts through a Chapter 13 bankruptcy repayment plan.
How long does a chapter 13 bankruptcy last?
Although your income won't preclude you from filing for Chapter 13 bankruptcy, your "disposable income" does play a role in how long your repayment plan will last. If your income is less than your state's median income, your repayment plan will probably last only three years.
Can you file Chapter 13 if your income is too high?
When you file for Chapter 13 bankruptcy, there is no "means test" to determine whether your income is too high. In fact, opposite forces are at work in Chapter 13 -- if your income is so low that you cannot fund a repayment plan, you won't be eligible for Chapter 13.
Last Update: Oct 2021
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