If overwhelming debt has created financial stress, Chapter 7 bankruptcy could be a vital tool to regain control and get a fresh start. Known as a liquidation bankruptcy, Chapter 7 allows many individuals to eliminate most unsecured debts quickly and affordably while often retaining essential assets like their home and car.
However, not everyone qualifies for Chapter 7, and eligibility is determined through a process called the "means test." This crucial test compares your income to Missouri’s state median and evaluates your monthly expenses to decide whether Chapter 7 is the right option or if other bankruptcy forms are more fitting.
At Debt Doctors of Missouri, our experienced bankruptcy lawyers help guide your family through this complex qualification process, ensuring your rights are protected and your case is handled with care during this challenging time. If debt has become unmanageable, reaching out for professional support can make all the difference in navigating your path to financial relief.
What Is the Bankruptcy Means Test in Missouri?
The bankruptcy means test in Missouri is a legal evaluation used to determine whether an individual qualifies to file for Chapter 7 bankruptcy. It compares a filer’s income and allowable expenses against state and federal standards to see if they have enough disposable income to repay a portion of their debts. This test acts as a filter to ensure that Chapter 7 bankruptcy protection is only granted to those who truly cannot afford to repay their debts, rather than to individuals with a higher income who might be expected to repay creditors through a structured plan, like Chapter 13 bankruptcy.
The means test evaluates several key factors, including:
- The average monthly income of the filer’s household over the last six months
- Household size and the corresponding Missouri median income for that size
- Allowable monthly expenses based on national and local standards, including necessary living costs and legally required payments
- Disposable income after subtracting allowed expenses from income
- Total projected disposable income over five years to assess repayment ability
This test was created to prevent misuse of the bankruptcy system by those who have the financial capacity to pay off their debts without full liquidation. It plays a crucial role in ensuring fairness in the process by directing relief to those who need it most, maintaining the balance between debtor protection and creditor rights.
Who Needs to Take the Means Test?
In Missouri, the means test is required for most individuals who want to file for Chapter 7 bankruptcy and whose income exceeds the state median for their household size. Specifically, if your average monthly income over the previous six months is higher than Missouri’s median income level, you must complete the means test to determine your eligibility.
However, if your income is below this median threshold, you are generally exempt from the test and can proceed directly with filing Chapter 7. The test takes a detailed look at your financial situation to assess whether you have enough disposable income to repay some of your debts, which could mean Chapter 13 bankruptcy is a more appropriate option.
Those who need to take the means test include:
- Individuals filing for Chapter 7 bankruptcy with income above Missouri’s median for their household size
- Married debtors, if both spouses live in the same household, even if only one spouse files
- Filers with primarily consumer debts as opposed to business debts
Certain exceptions apply, and not everyone must complete the means test. For example, debtors with mostly non-consumer debts, such as business-related obligations, are exempt. Disabled veterans whose debts were largely incurred while serving on active duty or performing homeland defense duties may also qualify for an exemption.
How Does the Means Test Work in Missouri?
The means test in Missouri starts by comparing your current monthly income, calculated by averaging your income over the six months before filing, to the state’s median income for a household of your size. If your income falls below this median, you automatically qualify to file for Chapter 7 bankruptcy without further calculations. If your income exceeds the median, the test proceeds to assess your disposable income by subtracting allowed expenses from your income. This evaluation helps determine if you have enough income leftover to repay some of your debts through a repayment plan.
How the Means Test Calculates Income & Expenses
The means test calculation involves several steps, including:
- Calculating average monthly income from all sources
- Comparing this income to Missouri’s median income for a household of size
- Using national and local standards to determine allowable monthly expenses
- Subtracting legally required payments and necessary expenses from income to figure out disposable income
- Projecting disposable income over five years to evaluate the ability to repay debts
How to Use the Chapter 7 Means Test Calculator
To simplify this often detailed process, there are online means test calculators available that can help estimate eligibility based on entered income and expenses. Additionally, a bankruptcy lawyer can provide personalized guidance to accurately calculate your means test results and explore your best options for filing.
What If You Fail the Means Test?
If you fail the Missouri bankruptcy means test, it means you do not qualify to file for Chapter 7 bankruptcy because your income or financial situation indicates you can repay some of your debts. However, failing the test does not mean that debt relief is out of reach. There are several paths you can consider to manage your financial difficulties and work toward resolving your debts. Many debtors who fail the means test turn to Chapter 13 bankruptcy, which involves setting up a repayment plan based on your income and expenses to pay back a portion of what you owe over three to five years. Other alternatives include debt settlement or debt management plans that help reduce interest rates or negotiate smaller payment amounts with creditors.
Options If You Don’t Qualify for Chapter 7
Options after failing the means test include:
- Filing for Chapter 13 bankruptcy with a court-approved repayment plan
- Exploring debt settlement to negotiate a lower payoff amount
- Considering debt management or credit counseling to reduce interest rates and create manageable payments
- Re-evaluating your financial situation over time, as changing circumstances may improve eligibility for Chapter 7 later
A lawyer can review your financial details to ensure the test was completed correctly, help you understand your options, and even assist in appealing or requesting reconsideration if applicable. With legal guidance, you can make informed decisions tailored to your situation and find the best solution for your debt challenges.
How to File Bankruptcy in Missouri
Consulting a Springfield bankruptcy lawyer offers valuable benefits when considering or preparing to file for bankruptcy in Missouri. An experienced attorney can guide you through the state-specific legal requirements, help you understand which type of bankruptcy fits your situation best, and support you in navigating the filing process with confidence. With professional guidance, you can avoid common pitfalls that might lead to delays or denied filings and better protect your assets and rights throughout the process.
Documents You’ll Need for the Means Test
A bankruptcy attorney can also assist in gathering and organizing essential documents and information needed for the means test and bankruptcy filing, including:
- Recent pay stubs or income statements from all household earners
- Tax returns from the past two years
- A detailed list of monthly living expenses (housing, utilities, food, transportation)
- Statements from bank accounts, retirement, and investments
- Records of secured debts and loans (mortgages, car loans)
- Documentation of outstanding unsecured debts (credit cards, medical bills, personal loans)
With a knowledgeable attorney at your side, you gain tailored legal advice and strategic planning to navigate bankruptcy successfully. Their support throughout the filing and court process can provide peace of mind, helping you focus on rebuilding your financial future with a clear understanding and confidence.
How Debt Doctors of Missouri Can Help
When you and your family face the uncertainty that bankruptcy brings, having compassionate and knowledgeable guidance is essential. Debt Doctors of Missouri understands the weight of this situation and is dedicated to helping you navigate the process with care and professionalism. Our experienced bankruptcy attorneys in Springfield take the time to explain your options thoroughly, work closely with you to gather essential financial information, and develop a strategy designed to protect what matters most to you. Our goal is to help you regain control over your financial future and bring you peace of mind during a difficult time. If debt has become overwhelming, reaching out to Debt Doctors of Missouri can be the first step toward relief and a fresh start for you and your family.
