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Oklahoma
Chapter
7 Means Test
What
is the Means Test?
In
2005, the Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCA)
was passed. The BAPCA requires that you pass the Means Test in order to
qualify for a Chapter 7. The Means Test compares your monthly income
based on the six months immediately prior to filing against the median
income for your state. The median income for your state is a set income
limit based on household size. Ask your attorney what the current
applicable median income is for your household because these numbers are
subject to change periodically. For Mean's Test purposes, your income is
determined by averaging the last six months of pay stubs or other
evidence of income for the six months immediately prior to filing and
projecting it forward for a year. Once you have provided pay stubs or
other evidence of income for the prior 6 months, your attorney can
compare your average monthly income the applicable median family income.
If your income is greater than the state's median income you may not be
able to file a Chapter 7. There are a few circumstances which might
allow you to pass the means test even if your average income is more
than the applicable median family income for your household size. If
your income is determined to be less than the median family income for
your household size, you can proceed with a Chapter 7.
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