UA-141263190-1

Call for Your Free Consultation! 404 - 220 - 9906

Blog

What is the Georgia Bankruptcy Means Test?

Posted by Cha'Ron Ballard on April 12, 2019

Bankruptcy legal help

Filing for bankruptcy is a financial decision that can give Georgia debtors significant relief as it allows them to have a fresh start when facing an overwhelmingly poor economic situation. In a Chapter 7 bankruptcy, a debtor will go through the process of liquidating available assets to pay back creditors and discharge other crippling debt allowing for a clean financial slate. However, it is important to understand that in Georgia, a Chapter 7 is only available to those who pass the bankruptcy means test.

Bankruptcy Means Test

Under Georgia Law, if you would like to file a Chapter 7 bankruptcy you must first pass the Georgia means test. This test is used to determine if your income is below the Georgia median for your household size. Simply put, if your income is below the median, you may proceed with filing a Chapter 7 bankruptcy. If your income is above the median, you will have to go through a more detailed means test calculation to see if a Chapter 7 bankruptcy is still an option, or you may have to file a Chapter 13 bankruptcy instead (a Chapter 13 bankruptcy is a debt repayment plan where debts are repaid over a period of 3-5 years).

Means Test Calculation

The means test calculation is done through a variety of forms provided by the Court. Because this calculation can be tricky, it is helpful to have the assistance of an experienced bankruptcy attorney as you go through the calculation.

The steps of the Chapter 7 means test calculation include:

  1. Determining your current monthly income—This determination is made by averaging your monthly income over the last six calendar months. (This calculation specifically excludes social security benefits.) You then multiply that number by 12 to arrive at your annual income.
  2. Next, you compare that income to the state’s median income for your family size, or how many people are in your household. At this point, if your income is below the Georgia median, then you can stop the calculation because you “pass” the means test and can file a Chapter 7 bankruptcy. However, if your income is above the state median, you will need to perform additional calculations to see if you can still qualify.
  3. If your income is above the median, you must calculate your disposable income. This is to see if you would have enough disposable income to repay your debts through Chapter 13 payment plan. You calculate this by subtracting your household expenses and bills from your monthly income. If your disposable income is low enough, you can still file for a Chapter 7 bankruptcy. If it is too high, meaning you have lots of disposable income, a Chapter 13 bankruptcy is the better option.

Find Out if You are Eligible for A Lawrenceville Bankruptcy

There are many benefits to filing for Chapter 7 bankruptcy, especially the benefit of moving toward financial freedom and a better financial future. If you want to see if you qualify for a Chapter 7 bankruptcy, reach out to the attorneys at The Ballard Law Group today. The Ballard Law Group offers a free initial consultation so that you can see if a Chapter 7 bankruptcy is available for you or if a Chapter 13 is your best option. Call us today at 404-220-9906 to schedule your free initial consultation at either our Atlanta or Lawrenceville office.

 

Want To Learn More?

Contact The Contact The Ballard Law Group for Debt Relief or Fill Out Our Questionnaire

We offer two convenient locations for appointments with our attorneys—Atlanta, GA and Lawrenceville, GA. Call us today at 404-220-9906 in Lawrenceville, GA or 404-220-9916 in Atlanta, GA or fill out the form and get started on the road to financial relief with a free initial consultation.

Our Locations

The Ballard Law Group

3664 Club Drive, Suite 203 A Lawrenceville, Georgia 30044

Phone: 404-220-9906

Fax: 404-220-9907

The Ballard Law Group

3355 Lenox Road, Suite 750
Atlanta, Georgia 30326

Phone: 404-220-9916

Write a Review

Our Business Hours

  • Monday 9:00 AM - 5:00 PM

  • Tuesday 9:00 AM - 5:00 PM

  • Wednesday 9:00 AM - 5:00 PM

  • Thursday 9:00 AM - 5:00 PM

  • Friday 9:00 AM - 5:00 PM

  • Saturday 10:00 AM - 2:00 PM

Evening and weekend appointments available.

tap here to call us now