Category Archives: Means Test

Can I Still Provide Financial Assistance to Elderly Relatives if I File Chapter 7 or Chapter 13 Bankruptcy?

Financial assistance provided on a regular, monthly basis to elderly or dependent family-members outside of your immediate household is an expense that Congress allowed in the drafting of the US Bankruptcy Code. Thus, if it has been your habit to send a few dollars to your grandmother every month to help her with her prescription costs, this is generally not a problem in either Chapter 7 or Chapter 13 bankruptcy—but there are caveats.

Click here to read more about financial assistance to elderly relatives in bankruptcy on the new Michigan Bankruptcy Blog of Michigan bankruptcy attorneys The Hilla Law Firm, PLLC.

If you are a southeast Michigan resident and are considering filing for bankruptcy, please feel free to contact me at (866) 674-2317 or john@hillalaw.com to schedule a free, initial consultation.

Can I Lower my Salary or Wages to Pass the Chapter 7 Bankruptcy Means Test if I am Self-Employed?

Some small business owners inquire as to the possibility of artificially lowering their income or taking less wages out of their business prior to filing a bankruptcy petition in order to pass the Chapter 7 means test.

This possibility is fraught with peril for uninformed individuals. Click here to read more about whether one can lower wages to pass the means test in bankruptcy on the new Michigan Bankruptcy Blog of Michigan bankruptcy attorneys The Hilla Law Firm, PLLC.

If you are a southeast Michigan resident and are considering filing for bankruptcy, please contact us at (866) 674-2317 or john@hillalaw.com to schedule a free, initial consultation.

Do I Have to Include my Annual Bonus in the Chapter 7 Bankruptcy Means Test?

An annual bonus or other “extra” income received within the 6 months prior to the filing of a Chapter 7 or Chapter 13 bankruptcy must be disclosed and computed in the bankruptcy means test which determines Chapter 7 eligibility and determines whether you are eligible to propose a 36-month Chapter 13 payment plan rather than a longer payment plan.

Click here to read more about the including an annual bonus in the Chapter 7 bankruptcy means test on the new Michigan Bankruptcy Blog of Michigan Bankruptcy Attorneys The Hilla Law Firm, PLLC.

If you are a southeast Michigan resident considering filing for bankruptcy, please feel free to contact us at john@hillalaw.com or (866) 674-2317 to schedule a free, initial consultation.

New Means Test Numbers for Michigan for May 1, 2012

As of May 1, 2012, the Federal US Trustee Program is again updating their means test household median income numbers for Michigan. The news is good for prospective Chapter 7 Bankruptcy filers as the median incomes for households of various sizes have increased slightly—meaning that you can earn a little more money than previously and still be eligible for Chapter 7.

  • Household of 1: $45,056.00
  • Household of 2: $51,660.00
  • Household of 3: $60,313.00
  • Household of 4: $72,454.00

(Add $7,500.00 to median for every household member over 4.)

If you are a southeast Michigan resident and are considering filing for bankruptcy, please contact me at john@hillalaw.com or (866) 674-2317 to schedule a free, initial consultation.

Business Debt and the Chapter 7 Bankruptcy Means Test

Chapter 7 bankruptcy may be available to prospective filers whose debts are mostly business debts rather than consumer debts regardless of their actual income.

Click here to read more about business debt and the Chapter 7 bankruptcy means test on the new Michigan Bankruptcy Blog of Michigan Bankruptcy Attorneys The Hilla Law Firm, PLLC.

If you are a southeast Michigan resident and are considering filing for bankruptcy, please contact us at (866) 674-2317 or john@hillalaw.com to schedule a free, initial consultation.

New Bankruptcy Means Test Numbers for 11/1/2011

The bankruptcy means test median household income numbers for Michigan have been udpated, effective 11/1/2011. The new household median incomes are:

  • 1 person household: $43,677
  • 2 person household: $50,079
  • 3 person household: $58,467
  • 4 person household: $70,237

For each individual in a household over 4, $7500 is added to the median.

This is a slight increase over the prior numbers and may enable more people to qualify for Chapter 7 bankruptcy.

If you are a southeast Michigan resident and are considering filing for bankruptcy, please contact me at (866) 674-2317 or john@hillalaw.com to schedule a free, initial consultation.

Is Social Security “Income” in Bankruptcy?

Social Security benefits, both age benefits and disability benefits, are and also are NOT considered “income” within the bankruptcy process in a couple of different ways.

Income is considered in the bankruptcy process both as a measure of a debtor’s eligibility for Chapter 7 (as opposed to Chapter 13) bankruptcy and as a measure of the debtor’s ability to repay creditors some portion of the debt owed to them on monthly average basis.

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