Who is eligible to file a Chapter 7 case?

A debtor must complete Official Form B22A - Statement of Current Monthly Income and Means Test Calculation. (commonly referred to as the Means Test)

To be eligible to file a Chapter 7 case, the debtor's current monthly income, as calculated on Official Form B22A, may not be higher than the state median income.  If the debtor's current monthly income is higher than the state median income, it is determined that the debtor could repay a level of unsecured debt and the filing of a Chapter 13 case may be appropriate.  If the debtor still wants to file a Chapter 7,  it is presumed that the filing is an abuse of the Chapter 7 process and you must check The Presumption arises box on Official Form B22A. 

E:FILING GUIDANCE: Official Form B22A is e:filed as part of the petition package.   When using BK Case Opening - Voluntary, you will be presented with a screen stating Presumption Arises.  You  must select either  yes or no from the selection box.

Click here for more information on Means Testing Guidance. 

Note 1: A debtor may be exempt from the Means Test if they are a disabled veteran.  See Part I of Official Form B22A, Exclusion for Disabled Veterans.  A Motion for Exemption from Means Test must also be filed.  Click here for the local rule regarding motion practice DNJ LBR 9013-1.

E:FILING GUIDANCE: Use the Exemption from Means Test event located in the Motion/Application category.  Click here for docketing instructions.