Blog

When individuals in Van Nuys CA consider filing for bankruptcy, one of the first steps in the process is determining whether they qualify for Chapter 7 bankruptcy. This is done through the bankruptcy means test, a calculation designed to assess income, expenses, and overall financial ability to repay debt.

While many people worry they might not qualify, the means test is often more flexible than expected—especially with the guidance of a knowledgeable legal professional. At Winterbotham Parham Teeple, a PC, we help residents navigate the means test and understand how it affects their bankruptcy options.

What Is the Bankruptcy Means Test?

The means test is a formula used to determine whether your income is low enough to qualify for Chapter 7 bankruptcy. It compares your average monthly income to the median income for households in California based on household size. If your income is below the median, you typically qualify for Chapter 7.

If your income is above the median, you do not automatically fail. Instead, the test allows you to deduct certain necessary expenses to see whether you still qualify based on your disposable income.

Income That Counts in the Means Test

The means test looks at your average income over the past six months from all sources. This may include:

  • Wages or salary from employment
  • Business or self-employment income
  • Rental income
  • Alimony or spousal support
  • Retirement income or pensions
  • Side jobs and freelance earnings

Social Security income and certain disability benefits are typically excluded, which can make a significant difference when calculating eligibility.

Allowable Expense Deductions

Even if your income is higher than the median, you may still qualify after accounting for necessary living expenses. These deductions may include:

  • Housing, utilities, and transportation
  • Health insurance and medical costs
  • Childcare or education expenses
  • Taxes and mandatory employment deductions
  • Court-ordered child or spousal support

These deductions help determine your disposable income—the amount left after essential expenses. If your disposable income is low enough, you may still be eligible for Chapter 7.

What If You Do Not Qualify for Chapter 7?

If the means test shows you have too much disposable income to qualify for Chapter 7, you may still be eligible for Chapter 13 bankruptcy. This option allows you to reorganize your debt and repay it over time through a structured plan, often reducing overall payments and protecting your property.

Chapter 13 is a strong alternative for individuals who have steady income, own valuable assets, or simply need more time to catch up on debt.

Why the Means Test Can Be Complex

Although the means test seems straightforward, small errors and miscalculations can significantly affect eligibility. For example, incorrectly categorizing income, missing deductions, or failing to include irregular income can lead to an incorrect result.

Working with an experienced bankruptcy professional helps ensure your financial information is accurately presented, helping you take full advantage of the relief available to you.

How Winterbotham Parham Teeple, a PC Helps Van Nuys CA Residents Through the Means Test

At Winterbotham Parham Teeple, a PC, we work with clients in Van Nuys CA to complete the means test accurately and explore all available bankruptcy options. We help you:

  • Gather and calculate income and expense records
  • Apply allowable deductions and protections
  • Determine Chapter 7 or Chapter 13 eligibility
  • Choose the best strategy for long-term financial relief

Even if you believe your income is too high, you may still qualify—with the right deductions and guidance.

If you are considering bankruptcy and need help understanding whether you qualify, call 800.400.9000 today to schedule your consultation and take the first step toward a fresh financial start.