If you are considering filing for Chapter 7 bankruptcy in New Mexico, it is important to understand the Means Test. This test determines whether or not you are legally eligible for Chapter 7 bankruptcy. While this may sound overwhelming, it is important to understand the specifics of the Means Test and how it is administered. In this blog post, we will break down the Means Test and help you determine if you are eligible for Chapter 7 bankruptcy in New Mexico.
The Means Test is a test that evaluates your financial circumstances to determine your eligibility for Chapter 7 bankruptcy. It is designed to ensure that only people who truly cannot pay their debts are allowed to file for Chapter 7 bankruptcy. The Means Test takes into account your income, expenses, and the size of your household to calculate your disposable income. If your disposable income is below a certain threshold, you are likely eligible to file for Chapter 7 bankruptcy.
The Means Test evaluates your income and expenses to determine your disposable income. Your income is calculated by taking an average of your monthly income from the past six months. If your monthly income is below the median income for your state and household size, you are automatically eligible to file for Chapter 7 bankruptcy. If your income is above the median income, the test then takes into account your expenses. Some expenses, such as rent or mortgage payments and utility bills, are based on actual costs. Other expenses, such as food and clothing, are determined by national standards. The Means Test then subtracts your allowed expenses from your income to determine your disposable income.
If you fail the Means Test, it does not necessarily mean that you cannot file for bankruptcy. You may still be eligible to file for Chapter 13 bankruptcy. Chapter 13 bankruptcy requires you to pay your creditors over a period of three to five years, rather than having your debts discharged. This option may be beneficial for those who have a steady income but are struggling to keep up with their debt payments.
The Means Test can seem daunting, but it is an important tool in determining whether or not you are eligible for Chapter 7 bankruptcy. If you are struggling with overwhelming debt and are considering bankruptcy as an option, it is important to speak with an experienced bankruptcy attorney. They can help guide you through the process and determine if bankruptcy is the right solution for your unique circumstances. Remember, bankruptcy is not the end of the road. It is an opportunity to start fresh and take control of your financial future.