Guam Statement of Current Monthly Income and Disposable Income Calculation for Use in Chapter 13 - Post 2005

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This form is for post 2005 act cases.

The Guam Statement of Current Monthly Income and Disposable Income Calculation for Use in Chapter 13 — Post 2005 is a crucial document for individuals filing for bankruptcy in Guam under Chapter 13 after the year 2005. This statement helps determine a debtor's ability to repay their debts through a court-approved repayment plan. The Statement of Current Monthly Income (Form B122A-1) is one part of this process. It requires the debtor to disclose all sources of income received in the six months prior to filing for bankruptcy. This includes wages, salary, commissions, self-employment income, rental income, and any other source of regular income. The key purpose of this statement is to determine the debtor's average monthly income and evaluate their ability to make timely payments towards their debts under the Chapter 13 plan. The income reported should be based on the debtor's current financial circumstances. The Disposable Income Calculation (Form B122A-2) is another component of the Guam Statement of Current Monthly Income. This form analyzes the debtor's allowed expenses, deductions, and exemptions to arrive at their disposable income. It subtracts necessary living expenses and specific debt obligations from the current monthly income to establish the amount available for debt repayment. The calculation takes into account various factors, such as monthly housing expenses, transportation costs, food, utilities, healthcare expenses, child support, alimony, and other essential monthly expenses. If the debtor's disposable income exceeds a certain threshold, it may impact the length and amount of the repayment plan. It is important to note that each bankruptcy case is unique, and the specific requirements may vary. However, the Guam Statement of Current Monthly Income and Disposable Income Calculation for Use in Chapter 13 — Post 2005 generally includes these two forms (Form B122A-1 and Form B122A-2) to assess the debtor's income and ability to repay their debts adequately. Ensuring accuracy and providing all relevant information in these forms is vital for a successful bankruptcy filing. Consulting with a bankruptcy attorney or seeking professional guidance can help individuals navigate through the complexities of these forms and the bankruptcy process, ensuring compliance with Guam's bankruptcy laws.

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What is Disposable Personal Income? After-tax income. The amount that U.S. residents have left to spend or save after paying taxes is important not just to individuals but to the whole economy. The formula is simple: personal income minus personal current taxes.

The means test compares a debtor's income for the previous six months to what he or she owes on debts. If a person has enough money coming in to gradually pay down debts, the bankruptcy judge is unlikely to allow a Chapter 7 discharge.

(10A) The term ?current monthly income?? (A) means the average monthly income from all sources that the debtor receives (or in a joint case the debtor and the debtor's spouse receive) without regard to whether such income is taxable income, derived during the 6-month period ending on? (i) the last day of the calendar ...

You can't pay more than your disposable income in Chapter 13, because your disposable income represents all earnings that remain after paying required debts. However, there is another step in the Chapter 13 payment calculation, and if you don't meet the criteria, the judge won't approve your plan.

After subtracting all the allowed expenses from your ?current monthly income,? the balance is your ?disposable income.? If you have no disposable income ? your allowed expenses exceed your ?current monthly income? ? then you've passed the means test.

For an individual, gross income is your total pay, which is the amount of money you've earned before taxes and other items are deducted. From your gross income, subtract the income taxes you owe. The amount left represents your disposable income.

The disposable income calculation starts with your gross income. You must also be a wage earner in order to file a Chapter 13. Then, certain expenses are deducted based on an IRS deduction. The deduction is based upon a national average, taking into consideration the metropolitan area you live.

To calculate your monthly payment amount in a Chapter 13 bankruptcy, calculate your income for the six months before your bankruptcy filing. Deduct allowable expenses to determine your disposable income. Pay your priority debtors and any secured debts that you want to keep after the bankruptcy.

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Guam Statement of Current Monthly Income and Disposable Income Calculation for Use in Chapter 13 - Post 2005