Means Test Declaration Form Template for United States

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Key Requirements PROMPT example:

Means Test Declaration Form

"I need to complete a Means Test Declaration Form for a Chapter 7 bankruptcy filing in California, with household income of $95,000 and three dependents, including special circumstances due to ongoing medical expenses that should be considered in the calculation."

Document background
The Means Test Declaration Form was introduced as part of the 2005 Bankruptcy Abuse Prevention and Consumer Protection Act to prevent high-income individuals from filing Chapter 7 bankruptcy when they could afford to repay some debts. This document must be completed by individuals filing for Chapter 7 bankruptcy whose income exceeds their state's median income. The form includes detailed calculations of current monthly income, allowable expenses, and disposable income, using both national and local standards. The results determine whether there is a presumption of abuse in filing Chapter 7, potentially requiring the debtor to file under Chapter 13 instead. The form serves as an official declaration under penalty of perjury and requires thorough documentation of all financial information provided.
Suggested Sections

1. Personal Information: Debtor's identification and contact information including full name, address, and case number if applicable

2. Household Size Declaration: Details of household composition including number of dependents and relationships

3. Current Monthly Income: Comprehensive breakdown of all income sources for the six months prior to filing

4. Allowable Expenses: Detailed listing of all allowable expenses according to IRS National and Local Standards

5. Calculation Summary: Final means test calculation showing income minus allowed deductions and presumption of abuse determination

6. Declaration Under Penalty of Perjury: Sworn statement attesting to the accuracy of all provided information

Optional Sections

1. Business Income Details: Detailed breakdown of business income and expenses required when debtor owns a business

2. Special Circumstances: Section for explaining extraordinary expenses or income changes that justify adjustment to the means test

Suggested Schedules

1. Schedule I: Detailed schedule of current income including all sources and calculations

2. Schedule J: Comprehensive listing of current expenditures and monthly expenses

3. Documentation Appendix: Collection of supporting documents including pay stubs, tax returns, and expense receipts

4. Means Test Worksheet: Detailed mathematical calculations showing all steps in the means test computation

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Industries

Bankruptcy Code - Section 707(b): Primary federal statute establishing the means test requirements, found in Title 11 of United States Code. Includes provisions for determining abuse and eligibility for Chapter 7 bankruptcy.

BAPCPA 2005: Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 - Federal law that introduced the mandatory means test requirement for bankruptcy filings.

Federal Rule of Bankruptcy Procedure 1007(b)(4): Federal rule outlining specific filing requirements for the means test documentation in bankruptcy proceedings.

Federal Rule of Bankruptcy Procedure 1007(b)(7): Federal rule specifying credit counseling requirements as part of the bankruptcy filing process.

Official Form 122A-1: Chapter 7 Statement of Current Monthly Income - Mandatory federal form for reporting current monthly income in bankruptcy proceedings.

Official Form 122A-2: Chapter 7 Means Test Calculation - Mandatory federal form for detailed means test calculations in bankruptcy proceedings.

Local Bankruptcy Court Rules: Jurisdiction-specific rules and requirements that may affect means test declaration procedures and requirements.

State Median Income Standards: State-specific income thresholds used to determine eligibility and means test requirements in bankruptcy proceedings.

State Exemption Laws: State-specific laws determining what property can be exempt from bankruptcy proceedings, affecting means test calculations.

IRS National Standards: Federal guidelines establishing allowable living expenses for means test calculations in bankruptcy proceedings.

IRS Local Standards: Region-specific guidelines for housing and transportation expenses in means test calculations.

Federal Privacy Act: Federal legislation governing the handling and protection of personal information in official documents and proceedings.

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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