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The Top 3 Mistakes Made on the Minnesota Means Test When Filing for Bankruptcy in Jackson, MN

February 6th, 2017 · No Comments

Chapter 7 bankruptcy can be incredibly beneficial for those who are struggling with credit card debt, unmanageable mortgages, and most other forms of accumulated debt. Financially, Chapter 7 discharges the majority of your debt and liquidates your non-exempt assets in order to pay your creditors. While these may seem like drastic measures, Chapter 7 bankruptcy can effectively reset your financial standings, giving you the best restart you could expect. Behm Law Group, Ltd. understands that debt can come from many different sources, and if you need to file for bankruptcy in Jackson, MN, we’re on your side for legal advice and assistance throughout the process.

When you file for bankruptcy as an individual, the most common options you can choose between are Chapter 13 (debt reorganization) and Chapter 7 (debt/discharge/asset liquidation). To those with a low income or with no way of continuing to pay their debts even with a debt reorganization plan in place, Chapter 7 is the most attractive and viable option. To qualify for Chapter 7, however, you must pass the state Means Test with a disposable income lower than the median income of an equivalent Minnesota household.

Without legal support and advice like the help Behm attorneys can provide, the Means Test can prove difficult, nuanced, and complex. Even those with a low income have failed to qualify for Chapter 7 bankruptcy after making these common mistakes on the Means Test:

  1. Many people list child support on their Means Test that they are supposed to receive but do not for one reason or another, and this can completely change the test results. The same goes for those who list child support they are supposed to pay but do not. You should only list what you receive and what you pay.
  2. Household sizes are frequently listed inaccurately on Means Tests, and this can change the recorded outcome of who depends on your disposable income, altering the results of your test overall. Your household size is most frequently determined by who is legally dependent on your disposable income (e.g. minors or disabled dependents).
  3. Often accidentally, Chapter 7 filers list an incorrect income. This in itself can render you ineligible. To even be considered for the outcome of the Means Test, your recorded income MUST match your actual income. Dates, exact numbers, recorded paychecks, and all sources of income should be detailed as exactly as possible.

There are many other mistakes found on Means Test reported across the country, and those who are considering filing for Chapter 7 bankruptcy can gain a lot from professional assistance. Behm Law Group, Ltd. is here to help. Contact us at (507) 387-7200 for more information about filing for bankruptcy in Jackson, MN.

Tags: Chapter 7 Bankruptcy ·


 

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