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The Means Test

The Means Test

The Means Test is specifically purposed to identify whether you are eligible for relief under Chapter 7 and your respective payment plan if you file for Chapter 13.

The Means Test requires that your monthly income, after deducting necessary living expenditures (which may include expenses and local/national standards), be below South Carolina's median income for you to file for Chapter 7. 

The Means Test tells the Chapter 13 Trustee how much of your income is "disposable" and thus accessible to pay back unsecured creditors if your income is too high to file for Chapter 7.

Disposable income is calculated using the Means Test in Chapter 13. This quantitative evaluation takes into consideration your income, the size of your family, actual expenses, and certain nationally standardized expenditures.

The trustee uses these parameters to calculate your expected monthly and sixty monthly surpluses after paying all expenses. The amount that must be paid by the Chapter 13 plan is the "base" of your plan. It is the sum of your disposable income over sixty months. (To arrange a time for an in-depth discussion of the Means Test with attorney Malinda M. Pennington, please contact 844-322-6932.)

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