Means test form for bankruptcy for kansas

means test form for bankruptcy for kansas

Using those figures, we can determine that if a single filer’s income is less than $44, in Kansas and $41, in Missouri, you would qualify for a Chapter 7 bankruptcy. Free Means Test Calculator. You can use the free means test calculator at But don’t be discouraged if the results aren’t what you expect. Kansas Bankruptcy Means Test. You are only eligible to file Chapter 7 bankruptcy in Kansas if you pass the Kansas bankruptcy means test. First, your income in the 6 months prior to filing your Kansas bankruptcy case is compared to the median household income for a household of your size. When you file for Chapter 7 bankruptcy, you must fill out a series of “means test” forms. The current monthly income calculation plays a role in whether you qualify for Chapter 7 bankruptcy, and whether you must pay into a three- or five-year repayment plan in Chapter 13 Cara O'neill, Attorney.

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Can You Qualify for Chapter 7 Bankruptcy? About the \

If you are completing the forms on your own, you can get a full forms package for a Chapter 7 bankruptcy in Kansas from the court's website. Each one of the forms can also be downloaded for free as a standalone fillable PDF file. This part of the process tends to be the most tedious and takes the longest. If you are eligible to use Upsolve for your Chapter 7 bankruptcy in Kansas, we will prepare the forms for you based on the information you submit to us.

If you hire a lawyer to help you, their office will prepare the forms. Regardless of how you complete the forms, you are the one that has to sign them before filing Chapter 7 in Kansas. That's why whether you are filling everything out yourself or with someone else's help, it's critically important to pay close attention to all of the questions and requests contained in the forms and, if you are doing it yourself, the form instructions.

Ultimately, in your best interest to take your time and make sure all of the requested information is properly disclosed. After all, you only get one chance to make a first impression on the court and if it looks like you are hiding something, or have been careless in the execution of your duties as a debtor, the court does have the authority to withhold your discharge , eliminating the primary benefit of filing a Chapter 7 bankruptcy in Kansas.

If at all possible, you should plan on having the full amount ready in the form of a money order by the time your bankruptcy forms are completed, and your credit counseling has been done. You can purchase a money order from any U.

Post Office near you. The court will only grant an application to waive the fee if your monthly income is not enough to pay the fee in installments even after filing bankruptcy in Kansas. If you are in a position where you have to file quickly and can't wait until you've had the chance to save up the full amount, you can ask the court for permission to make payments on the fee after your Kansas bankruptcy case has been filed.

This makes sense if your paychecks are being garnished because it allows you to get the protection of the Bankruptcy Court right away, thereby stopping the garnishment. However, missing just one of the payments can result in your case being thrown out by the court, so make sure that stopping the garnishment will free up enough money each payday to make the payments to the court.

If you are filing bankruptcy in Kansas without a lawyer "pro se" you cannot use the court's electronic filing systems to submit your documents to the court. Instead, you have to provide everything on paper. If you hired a lawyer, they'll print out a copy of everything before filing your Chapter 7 bankruptcy in Kansas so you can review and sign all the required documents. If you are working with Upsolve , we'll send you a single file that you can print as-is.

If you completed everything on your own, on the other hand, you will have to make sure you get all required documents printed and signed before submitting everything to the court. Unless you used the forms packet from the Kansas Bankruptcy Court, chances are you have everything saved on your computer as a separate file. In order to ensure that you are not accidentally duplicating one form and missing another one altogether, it's best to start by printing out a checklist listing all required forms first.

Even though you are printing the documents for a legal purpose - filing bankruptcy in Kansas - don't worry about printing them on legal paper. All forms are designed to be printed on regular 8. Even though you can technically file a Chapter 7 bankruptcy in Kansas by submitting all your forms by mail, it is best to take the time to bring everything to the court in person.

This is especially true if it is important to get your case filed by a certain date as you won't be able to fix any errors or omissions on the spot the same way you might be able to if you are at the courthouse in person.

The Kansas Bankruptcy Court has locations in Kansas City, Topeka, and Wichita and you can head to any one of them to file your Kansas bankruptcy documents. Make sure you have a valid picture ID with you when you head to the court, as it is required to gain entrance to the building. Once you have passed the security checkpoint at the entrance, make your way to the clerk's office as they are the ones that will assist you with filing bankruptcy in Kansas.

If you printed a second copy of all your documents for your own records, you can bring it with you and get it stamped by the clerk once your Chapter 7 bankruptcy in Kansas has officially been filed. The trustee is the person assigned by the court to handle your Chapter 7 bankruptcy in Kansas. As mentioned before, you have to provide a copy of your federal income tax return to the trustee at least 7 days before your meeting.

You will find out the name and contact information for your trustee, as well as the date set for your creditors' meeting shortly after filing Chapter 7 in Kansas when you receive the official notice from the court. Since each one of the trustees operates independently, they all have a different system for doing their due diligence.

That's why it is important to keep an eye out for a letter from your trustee after your Kansas bankruptcy has been filed, as they may request certain other information from you. Even though the trustee does not represent you, you both share a common goal: the orderly administration of your Chapter 7 bankruptcy in Kansas.

That is why it's important to carefully review any correspondence you receive from the trustee assigned to your case. Other documents they may request from you include recent paycheck stubs, bank statements, and documentation about your assets, such as copies of your vehicle titles or mortgage documents.

In addition to adding the credit counseling requirement, Congress also added a requirement that everyone filing bankruptcy in Kansas take a debtor education course. This course can only be completed after your case has been filed. Instead of providing information about debt relief options, this course aims to educate people who are in a Kansas bankruptcy on how to responsibly manage their finances going forward.

The idea is to set you up for the best possible financial future once you obtain your discharge. Do I need to complete the means test? How long does this take? Is it private? Garbage in, garbage out If you don't put in the correct numbers in the correct blanks, this calculator won't give you an accurate result. If married and two different households, residence is where most family members reside.

If no plurality of family members are in any one state, use state of spouse with highest income. However, if an individual is counted as a family member for median income purposes, that individual's income should be included as income on Part II of Form 22A. Includes payments regardless of written agreement with contributor.

Includes payments from roommate, partner, parent, or relative, regardless of whether living with debtor. Includes payments made directly to creditors on behalf of debtor, e. Does not include payments from non-filing spouse which are already included as income in Column B. Contributions of roommates or domestic partners to household income At least one site on the web has addressed this issue. Includes payments made monthly, quarterly, or annually.

Yes, you can still be barred from filing Chapter 7 bankruptcy. These include past due debts for child and spousal support, most unpaid taxes, and wages, salaries or commissions you owe to employees and contributions you owe to an employee benefit fund.

Purpose of debt is judged at the time the debt was incurred. Home mortgages are typically consumer debt. Most tax debts are not typically consumer debt. Exclusion applies after the minimum 90 day period of service, and for days after the service ends. Exclusion applies only to cases filed between December 19, and December 18, , unless extended by Congress. Line 2, Filing Status. No option for legally separated but filing joint case; joint cases generally should be treated as a single household for means test purposes.

May be asserted as special circumstances to rebut the presumption of abuse under section b 2 B. May be considered by the UST when stating the reasons under section b 2 that a motion to dismiss is not appropriate.

Information should be consistent with household size on Schedule I. Line 3, Gross wages, salary, tips, bonuses, overtime, commissions. Includes income, whether or not taxable. Figures are gross amounts, before any deductions.

Depreciation is not included. Line "c" cannot be a negative number. Line 6, Interest, dividends, and royalties. Line 7, Pension and retirement income. Line 8, Any amounts paid by another person or entity, on a regular basis, for the household expenses of the debtor or the debtor's dependents, including child or spousal support.

Line 9, Unemployment compensation. Line 10, Income from all other sources. Includes private disability income. Does not include SSA benefits. Does not include tax refunds. Does not include loan proceeds. Whether it meets IRS test for income could be relevant, but whether it is taxable income or non-taxable income is not a factor. Line 14, Applicable median family income. However, if an individual is counted as a family member for median income purposes, that individual's income should be included as income on Part II of Form B A.

Line 17, Marital adjustment. New Form B A-2, Line 3 All income of the non-debtor spouse should be included, except the following expenses of the non-debtor spouse may be excluded: withholding taxes; student loan payments; prior support obligations; debt payments on which only the non-filing spouse is legally liable and where the consideration for the loan exclusively benefits the non-filing spouse.

Credit cards used to pay for household expenses may not be deducted on Line Line 19A, National Standards: food, apparel and services, housekeeping supplies, personal care, and miscellaneous. New Form B A-2, Line 6 The following expenses are covered by the National Standards and may not be counted separately elsewhere: apparel and services includes shoes and clothing, laundry and dry cleaning, and shoe repair ; meals at home or away unless unreimbursed business expenses ; housekeeping supplies includes laundry and cleaning supplies; other household products such as cleaning and toilet tissue, paper towels and napkins; lawn and garden supplies; postage and stationary; and other miscellaneous household supplies ; personal care products and services includes hair care products, haircuts and beautician services, oral hygiene products and articles, shaving needs, cosmetics, perfume, bath preparations, deodorants, feminine hygiene products, electric personal care appliances, personal care services, and repair of personal care appliances miscellaneous personal expenses.

National Standard amount that may be claimed is based on the debtor, the debtor's dependents, and the debtor's spouse in a joint case if the spouse is not otherwise a dependent. Line 19B, National Standards: health care. New Form B A-2, Line 7 National Standard amounts may be claimed based on debtor, debtor's dependents, debtor's spouse, and the age of household members. Actual mounts expended by the debtor exceeding the National Standards that are required for the health and welfare of the debtor, debtor's dependents, and debtor's spouse, which are not reimbursed by insurance or paid by a health savings account, may be claimed on line Line 20A, Local Standards: housing and utilities; non-mortgage expenses.

New Form B A-2, Line 8 Based on county of residence; see line 14 for resolving multiple residences. The following expenses are covered by the Local Standards and may not be counted elsewhere: maintenance and repair; homeowner association dues; condominium fees; gas, electricity, water, heating oil, bottled gas, trash and garbage collection, wood and other fuels, septic cleaning; basic telephone and cell phone service.

New Form B A-2, Line 9 Based on county of residence; see line 14 for resolving multiple residences. Line 20B b is the same figure as line 42 for house payments. The overall effect of disallowing double-dipping is to allow the debtor to take only the higher of the actual mortgage payment or the Local Standard.

If the home is being surrendered, the debtor may not include the mortgage payment on lines 42 and 43, and may not deduct the mortgage payment on line 20B b. The debtor may, however, claim the full amount of the Local Standard for housing on line 20A. Vacation homes do not entitle a debtor to the Local Standard on line 20B. Debtor may not claim a Local Standard on line 20B when the debtor: is and has been living with a friend or relative for an extended period of time at no cost; is and has been living in military or other employer-paid housing.

Line 21, Local Standards: housing and utilities; adjustment. This line is occasionally used by debtors who claim that Form B A incorrectly captures the separation of the IRS housing Local Standard into two components, a mortgage component and a non-mortgage component; the USTP will object to that use of line See line 14 to resolve multiple residences.

The Local Standard for vehicle operation may be taken when the debtor owns, leases, or pays the operating expenses on a vehicle.

The Local Standard for vehicle operation for zero vehicles may be taken if the debtor does not own, operate, or pay operating expenses on any vehicle. A vehicle must be "street ready" and licensable. A vehicle designed without an engine does not qualify, e. Line 22B, Local Standards: transportation, additional public transportation expense. New Form B A-2, Line 15 If debtor claims vehicle operating expense for one or more vehicles on Line 22A, debtor may only claim additional public transportation expense if reasonable and necessary for the health and welfare of the debtor, debtor's dependents, and debtor's spouse, or for the production of income.

If additional public transportation expense is applicable, it is capped by Local Standard amount for public transportation. New Form B A-2, Line 13 Outside the Fifth, Seventh, and Eighth circuits, debtor cannot claim the vehicle ownership expense if the debtor does not have a secured loan or a lease on the vehicle.

In the Fifth, Seventh, and Eighth circuits debtor may claim this expense if the debtor owns a vehicle regardless of whether the debtor has a loan or lease payment. However, if the debtor owns a vehicle free and clear the USTP position is that the lack of any actual ownership expense may be considered in determining whether the case constitutes an abuse under the totality of the debtor's financial circumstances pursuant to section b 3 B. If the vehicle is being surrendered without replacement, the debtor may not claim the expense.

But see discussion regarding line If the vehicle is borrowed, the debtor may not claim the expense. Debtor may not "double dip," that is take the full amount of the vehicle ownership expense on line 23 a and then fail to deduct the monthly lien payment on line 23 b.

The overall effect is to allow the debtor to take the higher of the actual loan or lease payment and vehicle ownership expense. A debtor whose household contains a single driver is generally entitled to an ownership expense for only one vehicle. Line 25, Other Necessary Expenses: taxes. Non-debtor spouse's taxes is not included if "backed out" on line Line 26, Other Necessary Expenses: involuntary deductions for employment.

Does not include voluntary k contributions, voluntary k loan repayments, Does not include United Way or charitable contributions. Does not include elective insurance. Line 27, Other Necessary Expenses: life insurance.

If the policy is whole life, debtor must determine what portion of the premium is attributable to term coverage. Does not include premiums on policies for non-debtor spouse or children. Line 28, Other Necessary Expenses: court-ordered payments. New Form B A-2, Line 19 Includes the current monthly amount of support and alimony, not any past due amounts, which are entered on line One of the easiest ways to determine whether you are likely to qualify for Chapter 7 bankruptcy involves using an online Kansas Means Test calculator.

This tool will allow you to compare your own household size, income and expenses against the requirements that determine your ability to file your Kansas bankruptcy as a Chapter 7. Your Means Test results will inform your decision to file or not file for bankruptcy relief. Unfortunately, not all online Means Test calculators are regularly updated as income limits and other important standards change. Thankfully, the legal aid nonprofit organization Upsolve maintains current, state-specific Means Test calculators at all times.

As an added benefit to using these calculators, you can reach out to the legal aid team at Upsolve at any time if you have questions about your results.

This nonprofit organization provides bankruptcy legal aid to low-income filers and helps higher-income filers find attorneys to assist them with debt management solutions. There are other debt relief options that may be right for you and your family.

For example, many residents of the Sunflower State benefit from filing for Chapter 13 bankruptcy. This debt management option is commonly referred to as "reorganization bankruptcy" because it allows filers to restructure their debts to make them more manageable. Sometimes, all it takes to get a family's finances back on track is significantly lowering their monthly debt payments. Like Chapter 7 bankruptcy, Chapter 13 bankruptcy allows families to focus more on their immediate needs and financial wellbeing rather than the stress of piles and piles of overdue debt.

means test form for bankruptcy for kansas

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