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The means test is calculated by comparing the debtor's average income for the past six months (current monthly income), annualized, to the median income for households of the same size in the debtor's state of residence.
The means test, which is the Chapter 7 means test, is a formula that uses in bankruptcy law to decide if the debtor is eligible for Chapter 7 bankruptcy. If the debtor fails the means test, the debtor can only apply for Chapter 13 bankruptcy.
In order to be eligible to file this type of bankruptcy, your income must be less than Arizona's median income for your family size or you must pass the Means Test, which is a complicated test based on your income and expenses. Alternatively, a person may qualify for Chapter 7 based on the types of debt they have.
Filing for Chapter 7 bankruptcy will wipe out your mortgage obligation. Still, if you aren't willing to pay the mortgage, you'll have to give up the home because your lender's right to foreclose doesn't go away when you file for Chapter 7.
If your total monthly income over the course of the next 60 months is less than $7,475 then you pass the means test and you may file a Chapter 7 bankruptcy. If it is over $12,475 then you fail the means test and don't have the option of filing Chapter 7.
When you file for Chapter 7 bankruptcy, you will have to complete a form called the Statement of Intention for Individuals Filing Under Chapter 7. On this form, you tell the court whether you want to keep your secured and leased property?such as your car, boat, or home?or let it go back to the creditor.
Here are some of the exemptions allowed by Arizona bankruptcy law: Homestead - up to $400,000. Bank balance up to $5,000 ( for one account only) Most pension and retirement plans, IRAs and 401(k) accounts (deposited more than 120 days before filing bankruptcy)