Will I need a means test?

[female56]

I have an appointment for an initial consultation next week and am wondering if I will need a means test. I am in Virginia and my spouse is not filing bankruptcy. We have no joint debts. I have just quit my job and my husband is a 50% disabled veteran. I am trying to figure out what I need to take with me for my consultation to speed things along. Our salary for the last 6 months would put us over the state median if we have to count my previous salary and his disability pay, but I am reading that his disability may keep him from having to pass a means test. Then again, it's my means test, not his. All advice and opinions appreciated.

[justbroke]

The bankruptcy forms recently changed. Previously the Means Test and "Calculation of Current Monthly Income" (CMI) was all on one form. People below the median income for their State would only need to complete Part 1 through 3 and 8. Those over the median would complete the additional parts (4-7, and 8).

After the forms changed, the bankruptcy court split it into two different forms. One being the CMI. You would complete Form 122A-1 to determine if you are under the median income and not subject to means testing. If you are over the median income, you must continue to Form 122A-2 to complete the means testing.

As for the military disability exemption, you are still required to complete Form 122A-1 (to determine CMI), but you could also file the exemption from means testing by completing and certifying Form 122A-1Suppl Statement of Exemption from Presumption of Abuse Under §707(b)(2) 12/15. You only need to complete that form if your Form 122A-1 shows you have enough CMI to fund a plan and therefore a "presumption" of abuse rises.

That exemption form supplies the standards under which you would be not subject to the means testing by reason of military service and/or disability.

Official Form 122A-2 Exemption -- http://www.kywb.uscourts.gov/fpweb/p...015/b122a2.pdf

[leonel9]

Since the non-filing spouse is the disabled veteran, would this exemption apply?

[justbroke]

Since the non-filing spouse is the disabled veteran, would this exemption apply?

Good catch. The bankruptcy code reads as an exemption for the "debtor" so the exemption is likely not be available to a debtor that is not a disabled veteran.