Navigating the Means Test: Strategies for Qualifying for Chapter 7 Bankruptcy in Mississippi

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The Chapter 7 Means Test is an important eligibility requirement for Mississippi residents considering bankruptcy. This test compares your income to the state’s median income for a household of your size to determine if you qualify for Chapter 7 bankruptcy. If your income falls below the median, you automatically pass the means test and are eligible for Chapter 7. However, if your income exceeds the median, you may still qualify based on a more detailed analysis of your expenses and disposable income.

The Importance of the Means Test

Chapter 7 bankruptcy, often referred to as “liquidation bankruptcy,” offers a powerful path to debt relief for individuals and families grappling with overwhelming financial obligations. By providing a legal mechanism for the discharge of most unsecured debts, such as credit card debt, medical bills, and personal loans, Chapter 7 bankruptcy can offer a fresh financial start.

While the prospect of bankruptcy can be intimidating, it’s important to remember that Chapter 7 is designed to provide relief, not punishment. Although some non-exempt assets may be liquidated to repay creditors, Mississippi’s generous exemption laws protect many assets, ensuring that filers can retain their essential belongings and emerge from bankruptcy with the tools necessary to rebuild their lives.

Furthermore, Chapter 7 bankruptcy can halt creditor harassment, stop wage garnishment, and prevent foreclosure, offering immediate relief from the stress and anxiety of overwhelming debt. By seeking the guidance of an experienced bankruptcy attorney, individuals can navigate the complexities of the bankruptcy process with confidence, ensuring that their rights are protected and that they receive the full benefits of debt relief under Chapter 7.

The Basics of the Means Test

The Means Test is a multi-step process that assesses your income and expenses to determine if you have sufficient “disposable income” to repay a portion of your debts. It involves comparing your “Current Monthly Income” (CMI) to the median income for a household of your size in Mississippi. If your income is below the median, you generally pass the Means Test and are eligible for Chapter 7. If your income is above the median, you must then calculate your allowable expenses to determine if you still qualify.

Key Components

  • Current Monthly Income (CMI): This is the cornerstone of the Means Test. Your CMI is a six-month average of your gross income from all sources, calculated using the six full calendar months before you file for bankruptcy. This includes wages, salaries, self-employment income, rental income, interest, dividends, royalties, retirement income, unemployment benefits, regular contributions from family members, and more.
  • Allowable Expenses: If your CMI exceeds the Mississippi median income, you can deduct certain “allowable expenses.” These expenses are largely determined by IRS National and Local Standards, but also include some actual expenses like secured debt payments (mortgage, car loans) and priority debt payments (child support, alimony, certain taxes).
  • Comparison to Median Income: The U.S. Trustee Program publishes median income figures for each state, broken down by household size. These figures are updated periodically. Your CMI is compared to the relevant Mississippi median income figure.
  • Understanding the Threshold: If your CMI is below the median income, you generally qualify for Chapter 7. If it’s above, the calculation of allowable expenses determines whether you have enough disposable income to trigger a “presumption of abuse,” which might make you ineligible for Chapter 7.

Calculating Your Current Monthly Income (CMI) in Mississippi

Identifying All Income Sources

Accuracy in calculating your CMI is paramount. Failing to include all income sources can lead to serious problems, including dismissal of your case. Here’s a more comprehensive list of income sources to consider:

  • Wages, Salaries, Tips, Bonuses, and Commissions: This is typically the largest income source for most people.
  • Self-Employment Income: Income from any business you own, including freelance work, consulting, or operating a small business.
  • Rental Income: Income from any properties you rent out.
  • Interest, Dividends, and Royalties: Income from investments.
  • Retirement Income: Social Security, pensions, 401(k) distributions, IRA distributions.
  • Unemployment Benefits: Any unemployment compensation received.
  • Workers’ Compensation Benefits: (Note: Social Security benefits are generally excluded from CMI).
  • Alimony and Child Support Received: Regular payments received from a former spouse.
  • Regular Contributions from Family Members: Consistent financial support from family.
  • Gambling Winnings: (Yes, even these must be included).
  • Lawsuit Settlements or Judgments: (Received within the six-month period).

Calculating the Six-Month Average

The CMI is calculated by adding up all your gross income from the six full calendar months preceding the month you file for bankruptcy. For example, if you file in July, you’d include income from January through June. This total is then divided by six to arrive at your average monthly income.

Handling Fluctuating Income

If your income fluctuates significantly (e.g., due to seasonal work, commissions, or irregular business income), accurately calculating the six-month average is crucial. It may be helpful to create a spreadsheet to track your income each month and ensure you’re including all sources.

Mississippi-Specific Considerations

Mississippi’s economy has unique characteristics that can impact income calculations. For example, individuals working in the tourism and hospitality industries along the Gulf Coast may experience significant seasonal income fluctuations. Agricultural workers may also have income that varies throughout the year. It’s essential to accurately account for these variations when calculating your CMI.

Grasping and Maximizing Allowable Expenses

If your CMI is above the Mississippi median income, calculating your allowable expenses becomes critical. This step determines whether you have enough “disposable income” to potentially repay some of your debts under a Chapter 13 plan.

IRS National and Local Standards

The Means Test uses IRS National and Local Standards to determine allowable expenses for certain categories.

  • National Standards: These cover expenses like food, clothing, personal care, and miscellaneous items. The amounts are fixed and vary based on family size.
  • Local Standards: These cover housing and transportation expenses. The amounts vary by county within Mississippi. For example, housing costs in coastal counties like Harrison or Jackson may differ from those in inland counties.

Secured Debt Payments

You can generally deduct your regular monthly payments for secured debts, such as your mortgage and car loans. However, there are limitations, particularly regarding car loans obtained within 910 days of filing (the “910-day rule”).

Priority Debt Payments

Payments for priority debts, such as child support, alimony, and certain tax obligations, are fully deductible.

Other Allowable Expenses

  • Healthcare Costs: Out-of-pocket medical expenses, including health insurance premiums.
  • Insurance Payments: Life insurance.
  • Educational Expenses: If required for employment or for a disabled child.
  • Childcare Expenses: Necessary for work or job searching.
  • Court-Ordered Payments: Any payments required by a court order.
  • Involuntary Deductions: Deductions from your wages required for your employment (e.g., union dues).

Documenting Expenses

Meticulous record-keeping is absolutely essential. You must be able to provide documentation for all claimed expenses. This includes:

  • Mortgage statements
  • Car loan statements
  • Utility bills
  • Medical bills
  • Receipts for childcare
  • Court orders
  • Tax returns
  • Pay stubs

Strategies to Maximize Allowable Expenses

  • Review All Expenses Carefully: Don’t overlook any potential deductions.
  • Use Actual Expenses When Allowed: If your actual expenses in a category exceed the IRS standards, and they are reasonable and necessary, you may be able to deduct the higher amount.
  • Consult with an Attorney: A bankruptcy attorney can help you identify all allowable expenses and ensure you’re maximizing your deductions within the bounds of the law.

Strategies for Qualifying if Over the Median Income

If your CMI is above the Mississippi median income, and even after deducting allowable expenses, your disposable income is high enough to trigger the “presumption of abuse,” you are not necessarily disqualified from Chapter 7.

The “Presumption of Abuse” and Rebuttal

The “presumption of abuse” means that the bankruptcy court presumes you are abusing the Chapter 7 system because you have enough disposable income to repay some of your debts. However, this presumption can be rebutted.

Special Circumstances

You can rebut the presumption of abuse by demonstrating “special circumstances.” These are significant, unforeseen events that have negatively impacted your financial situation. Examples include:

  • Serious medical condition
  • Job loss or significant income reduction
  • Call to active military duty
  • Natural disaster
  • Divorce or separation
  • Death of a spouse or family member

You must provide detailed documentation to support any claim of special circumstances.

Accurate Expense Reporting

Even if you don’t have “special circumstances,” meticulous and accurate expense reporting is essential. Ensure you’ve claimed every allowable expense and that your calculations are correct. Even a small difference in disposable income can impact your eligibility.

Common Mistakes and Pitfalls to Avoid

  • Incorrect Income Calculation: This is the most common mistake. Double-check all income sources and the six-month averaging period.
  • Overlooking Allowable Expenses: Carefully review all potential deductions.
  • Failure to Document Expenses: Keep thorough records of all expenses.
  • Misinterpreting IRS Standards: Understand how the National and Local Standards apply to your specific situation.
  • Attempting to Hide Assets or Income: This is considered bankruptcy fraud and can have severe legal consequences, including criminal charges. Be completely transparent and honest in your bankruptcy filings.

Gulf Coast Bankruptcy Attorney: Your Expert Guidance on the Means Test for Mississippi Chapter 7

Navigating the complexities of the Means Test can be daunting, but with the right knowledge and professional guidance, you can successfully qualify for Chapter 7 bankruptcy in Mississippi. At Gulf Coast Bankruptcy Attorney, we specialize in helping clients understand the intricacies of the Means Test, accurately calculate their income and expenses, and explore all available strategies to increase their chances of a successful filing. Our team of experienced Mississippi bankruptcy attorneys, particularly those serving the Gulf Coast region, are well-versed in the nuances of bankruptcy law and can provide the expertise and support you need. 

If you’re considering Chapter 7 bankruptcy and your income is above the state median, don’t hesitate to contact us today for a free consultation. 

Bankruptcy Exemption Laws: Who Qualifies and What Types of Assets Are Exempt?

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If you’re concerned that you might lose property through bankruptcy, this is understandable. In some instances, the bankruptcy trustee can take your property to satisfy your debts. However, you can keep some or all of your property by using what are called “exemptions.” Understanding how exemptions work can help eliminate surprises and provide the knowledge you need to get the best possible results. 

What Are Bankruptcy Exemption Laws?

People who file for personal bankruptcy under either Chapter 7 or Chapter 13 may be able to exempt certain assets from the legal proceedings. There are laws allowing bankruptcy filers to exclude specific assets or asset classes up to a certain amount so that those assets won’t be taken and sold to satisfy creditors. 

Most exemptions are specific to a type of asset. For example, the homestead exemption applies to your primary residence, and the motor vehicle exemption to your car. However, there is also a wildcard exemption, which consists of any property up to a certain amount that you can protect from bankruptcy. 

The Differences Between Federal and State Bankruptcy Exemptions

Federal law provides a list of bankruptcy exemptions, as do many states. In some states, you can choose whether you will apply the federal or state exemptions. However, 31 states have opted out of allowing their residents to use the federal bankruptcy exemptions, meaning you must use the state exemptions. 

It’s also important to consider the residency requirement when filing for bankruptcy. Specifically, you may use the exemption system of the state where you have lived for the past two years before filing. If you haven’t lived in the same state for the past two years, you can use the exemption system where you lived for the majority of the time for the 180 days prior to those two years. If you are not eligible to use any state exemption system, you may use the federal system. 

How to Apply Exemptions in Chapter 7 and Chapter 13 Bankruptcy

Some assets are completely exempt during personal bankruptcy, no matter how much they’re worth. A few examples are certain retirement accounts, Social Security, and other public benefits. Otherwise, you’ll need to refer to exemption laws and limits for each type of asset. 

The Homestead Exemption

Many people who file for bankruptcy are understandably worried about losing their homes. The homestead exemption protects the equity in your home up to a certain limit. Equity is defined as the difference between a property’s value and what you owe on your mortgage. 

If your home is worth more than your mortgage balance, you have equity. Your home will be protected as long as the amount of your state or federal exemption covers your equity. For example, if your home is worth $200,000 and you have a home mortgage with a $150,000 balance, your equity is $50,000. As long as your available homestead exemption is $50,000, the bankruptcy trustee can’t touch your home. 

Personal Property Exemption

Some states list “personal property” as exemptions, but most list specific types of property, such as vehicles, jewelry, clothing, and household goods. You can use this exemption for these items as well as other things you wish to keep, such as musical instruments, farm equipment, artwork, books, tools, and other valuables. The amount of this exemption will vary by state.

Wildcard Exemption

Some states also allow bankruptcy filers to declare a certain dollar amount of any asset as an exemption. This is often called a wildcard exemption, but the amount isn’t that great. 

Applying Bankruptcy Exemptions

How you apply bankruptcy exemptions will depend on whether you file for Chapter 7 or Chapter 13 bankruptcy. When you file for Chapter 7 bankruptcy, your non-exempt assets will be liquidated by the trustee to pay your creditors. If you have exemptions you can use, those are listed in your bankruptcy paperwork. Then, you simply get to keep those assets. 

However, if the exemption is worth less than the value of an asset, such as a luxury vehicle, the bankruptcy trustee can sell the asset and reimburse you the amount of the exemption so you would have funds to purchase another vehicle for transportation. 

Under Chapter 13 bankruptcy, you are reorganizing your finances and creating a debt repayment plan. Your assets are not liquidated. However, you can use bankruptcy exemptions to reduce your monthly payments under your bankruptcy repayment plan. 

Bankruptcy exemptions can be complex. It’s easy to miss exemptions and leave money on the table or apply the wrong and have your case dismissed. It’s always a good idea to seek the guidance of an experienced bankruptcy attorney. 

Gulf Coast Bankruptcy works hard to provide residents throughout the Gulf Coast region with accurate and up-to-date information regarding bankruptcy and debt relief. Our goal is to provide you with the information you need to make the most informed decisions possible about bankruptcy and your financial future. 

What Is a 341 Meeting and How Do I Prepare? 

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Filing for bankruptcy is a huge decision. And while filing for a Chapter 7 or Chapter 13 bankruptcy can provide you with the financial relief that you need, the process requires multiple steps that can be confusing to the layperson. One of the most important parts of a bankruptcy case is the 341 meeting, which occurs after you’ve filed for a Chapter 7 or Chapter 13 bankruptcy. Consider the following information regarding what you should know about a 341 meeting and how to prepare for your own 341 meeting—

What Is a 341 Meeting?

A 341 meeting, also known as a meeting of creditors or 341 hearing, is an important part of a Chapter 7 and Chapter 13 bankruptcy case. During this meeting, a debtor and their creditors will meet; the court-appointed bankruptcy trustee is also required to attend this meeting. The purpose of the 341 meeting is to establish the facts of the bankruptcy case, facilitate the negotiation and decision regarding a repayment plan, and ensure that all of the paperwork and details of the bankruptcy case are in order. 

The 341 meeting is a good opportunity for creditors to ask questions of the debtor should they have any, such as whether the debtor has any undisclosed income or assets. For the debtor, the primary purpose of the meeting is to authenticate their identity and establish their financial circumstances. 

Do I Need an Attorney for a 341 Meeting?

Attorneys are welcome to attend 341 meetings, but they are not legally required to partake. The only parties who are legally required to be at a 341 hearing are the court-appointed trustee and the debtors; even creditors aren’t legally required to attend, although they may choose to do so. 

While having your attorney present at your 341 meeting may not be required, it is often advised. Indeed, throughout the entire bankruptcy process, working with a legal professional who understands the law and how to represent your best interests throughout the process is recommended, as these types of cases are complex and can even be contested. 

How to Prepare for a 341 Meeting

After you file for bankruptcy, your attorney can provide you with more information about how to prepare for your upcoming 341 meeting. Some steps to both expect and take include:

  • You will receive a copy of the file petition for bankruptcy, schedules, and other documents to review. You should review these in full (with your attorney) and ensure that they are accurate. If you notice any errors or discrepancies, you need to inform the bankruptcy trustee immediately. 
  • Prepare your documents verifying your identification, including your driver’s license or state I.D., Social Security card, or/and any other required identification documents. 
  • Confirm the details of the time and location of your hearing. During the COVID-19 pandemic, these hearings were often occurring by phone. Verify whether your hearing will be in person or conducted virtually. It’s important that you show up to the hearing on time and are fully present (i.e., silence your phone). 
  • Prepare for questions that you may receive from the trustee or creditors. Examples of common questions include:
    • Did you sign the petition of your own accord and will?
    • Is the address on the petition accurate? 
    • Have you read the petition and schedules prior to signing? 
    • Have all of your assets and income been listed in the schedules?
    • Have you filed for bankruptcy in the past? 
    • Do you have any support obligations, such as child support or spousal support?
    • Is there anyone who owes you money?
    • Do you anticipate receiving any assets from a civil case that have not yet been disclosed?
    • Are you involved in any other civil actions at this time? 

What Happens After a 341 Meeting?

341 hearings are fast. In fact, there may be several 341 meetings scheduled to take place within a single hour, which means that your hearing may conclude in as few as 10 minutes or less. 

What happens next will vary slightly depending on whether you are filing for a Chapter 7 or a Chapter 13 bankruptcy. 

For Chapter 7 debtors, the next step is attending the required debtor education courses. After these courses have been completed and a certificate of completion has been filed with the court, the discharge of debts should occur within approximately 60 days. For Chapter 13 debtors, the Chapter 13 repayment plan must be approved. Chapter 13 filers are also required to take a debtor education course.

In most cases, 341 meetings are fast and straightforward. Most holdups relate to misspelled names on official documents, so it’s important to ensure that the information on all documents exactly matches the information on your identification. If you have more questions, the bankruptcy trustee assigned to your case and your attorney are both great resources. 

Will My Car Be Repossessed If I File for Bankruptcy?

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Depending on where you live, it’s often a necessity to own a car for work, school, and other daily necessities. When you’re struggling to make ends meet, you might fall behind on your vehicle payments in addition to some other credit accounts. Having your car repossessed would make a stressful situation even worse. 

Repossession of a vehicle can be upsetting under any circumstances. If you are thinking about filing for bankruptcy, can the lender still repossess your car? And, if your car has already been repossessed, will bankruptcy help you get it back? Here’s what you need to know. 

Filing Bankruptcy to Save Your Car

Car loans use the vehicle as collateral, meaning the lender has the right to repossess the property if you don’t make your payments. In fact, vehicle repossession can happen as soon as missing two car payments. 

If you file bankruptcy before a lender repossesses your car, this will put an automatic stay on debt collectors. Repossession proceedings will stop. But bankruptcy isn’t a means to get a free car. 

Bankruptcy, whether you file Chapter 7 or Chapter 13, will give you relief from unsecured debt. A car loan is considered secured debt. In most cases, the debt relief you receive will help free up cash so that you can catch up on your loan payments and save your car. But neither type of bankruptcy will help you keep a vehicle that you can’t afford. That said, the type of personal bankruptcy you file could impact how much you have to pay. 

Chapter 7 Bankruptcy

You may be able to work with your lender in some situations to refinance or modify your loan. If you can come to an agreement with your lender during the Chapter 7 bankruptcy process, you will likely need to sign a reaffirmation agreement outlining the new terms. When you sign this form after you file for bankruptcy, the lender has “refreshed” their right to repossess the vehicle if you don’t adhere to your end of the deal. 

Chapter 13 Bankruptcy

Chapter 13 bankruptcy involves a repayment plan that lasts anywhere from three to five years. Your vehicle loan can be included in this plan, giving you reduced payments at a lower interest rate. This can make your car more affordable and less likely to get repossessed. 

Using Redemption or Reinstatement After Repossession

Assuming your car has already been repossessed, you may or may not be able to get it back through the bankruptcy process. If you do nothing or wait too long, the vehicle will be sold at auction. If it is sent to auction and the lender gets less than you owe for it, you’ll be presented with a loan deficiency, which is a bill for the difference. Again, the type of bankruptcy you file can impact your situation with a car that’s already been repossessed. 

Chapter 7 Bankruptcy

If you want to get the car back and it’s still available, you will need to pay what you owe to the lender. You may also have the opportunity to reaffirm the loan and negotiate more favorable terms. 

If you don’t want the car back or it’s already been sold, you can include the vehicle loan deficiency in your bankruptcy. It becomes an unsecured debt, meaning you’ll likely be able to get it discharged. 

Chapter 13 Bankruptcy

If your vehicle has been repossessed and you want it back, Chapter 13 is also an option. But it only makes sense if you are also filing to keep your home and other valuable assets. With this type of bankruptcy, you will negotiate an affordable payment plan with your creditors over the next three to five years. 

Protecting Your Car Equity in Personal Bankruptcy

When you file for Chapter 7 bankruptcy and wish to keep your vehicle, you also have to be concerned with your car’s equity. You are only permitted to keep so much property in a Chapter 7 bankruptcy. Otherwise, the trustee will sell non-exempt items to raise cash for creditors. 

Most states have motor vehicle exemptions allowing you to keep a certain amount of a car’s equity. You may also be able to use part of a wildcard exemption to meet the requirement to keep your vehicle. 

If you have overdue payments or equity you are unable to protect, you may be better off filing for Chapter 13 bankruptcy. You can catch up on your payments with the repayment plan and maintain possession of the car. 

If you are concerned about your transportation options or have questions about a vehicle repossession, an experienced bankruptcy attorney can give you the information you need. Gulf Coast Bankruptcy Attorney is dedicated to providing residents of the Gulf Coast with the resources necessary to make informed decisions about their financial future. 

What is the Difference Between Chapter 7 and Chapter 13? 

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If you’re struggling financially and have tried things like credit counseling or selling off some assets, you may be considering bankruptcy as your next option. Do a little more research, and you’ll soon discover that there are several different types of bankruptcy available to individuals: Chapter 7 and Chapter 13. Before you can move forward, you’ll want to understand the differences between Chapter 7 and Chapter 13 bankruptcy, so you make the right choice. 

What is Chapter 7 Bankruptcy?

Chapter 7 of the U.S. Bankruptcy Code is intended for people with limited assets, income, or both. To qualify for Chapter 7, you must pass a means test showing that your income falls below an established number for your state. Even if you don’t pass the means test at first glance, you may still be able to qualify. If you are able to file for Chapter 7 bankruptcy, you will be able to wipe out your unsecured debts like medical bills and credit cards. 

How Chapter 7 Bankruptcy Works

As soon as you file for Chapter 7 bankruptcy, the court will assign a trustee to your case. One of the trustee’s duties is to liquidate some of your assets to pay off creditors. Some of the property that a trustee can liquidate includes:

  • Bank accounts
  • Cash
  • Investments
  • A second home
  • A second vehicle

Some of your assets will be safe from liquidation due to exemptions available under Chapter 7 bankruptcy. These vary by state. For example, in Mississippi, a person can exempt $10,000 of certain types of personal property during bankruptcy. 

What is Chapter 13 Bankruptcy?

Chapter 13 of the U.S. Bankruptcy Code restructures debt and can also wipe some of it clean to give you a more manageable financial outcome. You won’t be asked to liquidate any assets with Chapter 13 bankruptcy because the court will require that you continue to make payments on your debts. This type of bankruptcy works best for people who have steady income, want to avoid asset liquidation, and don’t qualify for Chapter 7. 

How Chapter 13 Bankruptcy Works

When you file for Chapter 13 bankruptcy, you will be assigned a trustee who will help you create a payment plan for your debts as well as schedule a meeting with your creditors. The repayment period for a Chapter 13 bankruptcy lasts from three to five years. Your plan’s terms will depend on your debts and income. Once you complete the repayment plan, any remaining debts will be completely discharged. 

Similarities Between Chapter 7 and Chapter 13 Bankruptcy

If you are trying to make up your mind between filing for Chapter 7 and Chapter 13 bankruptcy, you’ll be happy to know that both have several similarities. Among them are:

Automatic Stay

If you’re in financial trouble, you are probably being harassed by creditors or collection agencies. Both types of bankruptcy include an automatic stay which prohibits any creditor from attempting to collect a debt. They must also stop any repossession, foreclosure, or garnishment actions. 

Discharge of Debt

Both types of bankruptcy will help you eliminate unsecured debt. But you will have to continue paying your debts with Chapter 13 bankruptcy for several years before you can receive a discharge. 

Protection of Property

You get protection of income and property with both Chapter 7 and Chapter 13 bankruptcy. Both offer exemptions, such as a home or car, that won’t be included in your bankruptcy. 

Differences Between Chapter 7 and Chapter 13 Bankruptcy

It’s important to understand that there are several key differences between Chapter 7 and Chapter 13 bankruptcy. Among the main differences are:

Qualification

Qualifying for bankruptcy is different with Chapter 7 versus Chapter 13. You must pass a means test with Chapter 7. But this isn’t a requirement with Chapter 13. 

Time to Discharge

When you file for Chapter 7 bankruptcy, your case can be concluded, and your unsecured debts wiped out in just a few months. With Chapter 13 bankruptcy, you must wait three to five years to get a bankruptcy discharge. 

Repayment of Debts

You won’t be required to make any additional payment on your debts with Chapter 7 bankruptcy after liquidation and discharge. But you will have to continue to make agreed-upon payments with Chapter 13 for multiple years. 

At Gulf Coast Bankruptcy Attorney, our mission is to provide those who are struggling with debt the information they need to make informed decisions about their financial future.