Individual debtors with primarily consumer debts who file a petition for bankruptcy under Chapter 7, 11, or 13 must complete an income-based “means test.” The means test calculates the difference between a debtor’s current monthly income (“CMI”) and his or her allowed expenses. The means test is intended to determine whether a debtor has the “means” to repay some percentage of his or her non-priority unsecured debts. In order to report and calculate a debtor’s CMI and allowed expenses for the completion of the means test, official forms B122A-1, B122A-1SUPP, and B122A-2 have been created for Chapter 7 debtors, B122B for individual 11 debtors, and B122C-1 and B122C-2 for Chapter 13 debtors. In a Chapter 7, the means test may determine whether there is a presumption of abuse by the debtor in seeking relief under Chapter 7. Forms B122B, B122C-1 and B122C-2 can be used to determine the appropriate payment plan for debtors in Chapters 11 and 13.
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Debtor
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