Vermont Chapter 7 Means Test Calculation

State:
Vermont
Control #:
VT-SKU-0085
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Description

Chapter 7 Means Test Calculation

The Vermont Chapter 7 Means Test Calculation is a tool used to determine whether an individual is eligible to file for Chapter 7 bankruptcy. It is composed of two types of calculations: the Median Family Income Test and the Disposable Income Test. The Median Family Income Test compares the individual's income to the median income of other households of the same size in the state of Vermont. This helps to determine if the individual has too much income to be eligible for Chapter 7 bankruptcy. The Disposable Income Test calculates the individual's disposable income after taking into account living expenses, secured debt payments, priority debts, and taxes. This helps to determine if the individual has enough disposable income left over to pay back some of their unsecured debts. If the individual's income is higher than the median family income, or if their disposable income is too high, then they are not eligible for Chapter 7 bankruptcy. However, if the individual's income is lower than the median family income and their disposable income is low enough, then they may be eligible for Chapter 7 bankruptcy.

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FAQ

You can earn a high income and still pass the means test if you have substantial expenses like a hefty mortgage, multiple car payments, taxes, childcare, health care, or care of an elderly or disabled person.

Total average monthly payment for all mortgages and other debts secured by your home. To calculate the total average monthly payment, add all amounts that are contractually due to each secured creditor in the 60 months after you file for bankruptcy. Then divide by 60.

That means both taxed and untaxed income, including wages, salary, tips, bonuses, interest, dividends, royalties, retirement income, unemployment and workers' compensation, and others.

Expenses That Will Help You Pass the Chapter 7 Means Test House, car, and other secured debt payments.Overdue taxes.Court-ordered payments and arrearages.Child care.Involuntary deductions.Health, disability, or term life insurance.Other healthcare expenses.Education for employment or a disabled child.

It takes into account your income, expenses and family size to determine whether you have enough disposable income to repay your debts. Although it was designed to restrict the number of debtors who can get their debts forgiven through a Chapter 7 bankruptcy, most people who take the means test pass it easily.

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.

To determine your Chapter 7 bankruptcy income limit, add the last six months of your gross income ? this is what you earned before taxes and other deductions were taken out. Divide that number by six.

The Means Test This test uses a complex formula that takes the gross income for the 6 month period above, and then subtracts out only certain allowed IRS-budgeted expenses items, and ongoing secured debt obligations.

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Vermont Chapter 7 Means Test Calculation