How do I know if I can file for Chapter 7?

Law changes in 2005 created a “Means Test” as a method of determining who is eligible to file for Chapter 7 relief.  Households with too much income or too little allowed expenses will not be eligible.  The “Means Test” uses the past 6 months of household income to determine the average income (called “Current Monthly Income” or CMI) and then applies a formula.  If the CMI is above the state median income for the family size then expenses are deducted based on allowed amounts set forth in the IRS collection standards.  If the allowed amount of expenses leaves no disposable income then Chapter 7 is allowed.  If too much disposable income remains then Chapter 7 is not allowed.  If the household CMI is below the state median income for the family size then the Chapter 7 is allowed.