Do you Qualify for a Chapter 7 Bankruptcy?
Qualifying for a Chapter 7 Bankruptcy is dependent on a couple of things. The Bankruptcy courts use the Means Test to determine eligibility. The Means Test is based upon the median income and household size for the county in which you reside.
When is the Means Test used?
There are two steps to the Means Test. The first step
What Income is included in the Means Test?
The Household Income is included. This means that even if you are not married but residing with someone that that household member's income has to be calculated. It does not mean that both have to file bankruptcy, and it does not mean that a debtor won't qualify for Chapter 7 bankruptcy. However, it is possible that it could push the debtor over the initial income limit. There are a few more steps to consider to determine eligibility. So the Debtor's income and any other household members income must be included.
What does Household Size mean?
It is not specifically indicated, but it is obvious that household size includes any person that lives in the house on a full time basis. PLUS, children that reside in the household on a part-time basis.