The Means Test is a financial analysis to determine if a debtor can repay a threshold level of general unsecured debt, and is used to determine if there is a presumption of abuse of the provisions of the chapter filed. If a presumption of abuse exists, the US Trustee, Case Trustee or a party in interest may move to dismiss the case or convert the case to a Chapter 11 or 13.

You must complete the Means Test, including the checkbox at the top of the form indicating whether or not a presumption of abuse arises. The computation is based on 1) your current monthly income and 2) allowed deductions. The appropriate Means Test must be filed as part of petition:

Chapter 7: Form B 122A-1 - Statement of Your Current Monthly Income

Chapter 7: Form B 122A-1Supp- Statement of Exemption from Presumption of Abuse Under §707(b)(2)

Chapter 7: Form B 122A-2-  Means Test Calculation

Chapter 11: Form B 122B - Statement of Current Monthly Income

Chapter 13: Form 122C-1 - Statement of Your Current Monthly Income and Calculation of Commitment Period

Chapter 13: Form 122C-2- Calculation of Your Disposable Income

• If your bankruptcy case later converts to another chapter, you must refile a Means Test appropriate for that chapter.
• If the Means Test is not included at the time of filing of your bankruptcy case, an Order to File Missing Documents and Notice of Automatic Dismissal for Failure to Timely Comply (14 days) will be issued setting deadlines for filing the Means Test.

The Clerk’s office will notify all creditors within 10 days of the filing if there is a presumption of abuse. This information will be included in the Section 341 Meeting Notice. To determine if a presumption of abuse arises, please see bankruptcy code 707(b)(2). You may rebut this presumption by demonstrating special circumstances, itemized and supported by documentation, that would decrease income or increase expenses and bring the debtor below the monetary standard for the presumption of abuse.

You may also file a Motion for Exemption from the Means Test if you are a disabled veteran and the indebtedness occurred primarily during a period during which you were on: (1) on active duty or (2) performing a homeland defense activity.