Fail The South Carolina Bankruptcy Means Test

What Factors Would Cause Me to Fail The South Carolina Bankruptcy Means Test?

Filing for bankruptcy in South Carolina is a complex and challenging process, which is why many people consult with a bankruptcy attorney to discuss their situation. As we’ve discussed in previous articles, before filing bankruptcy, you must first pass the South Carolina bankruptcy Means Test to determine your eligibility for Chapter 7 bankruptcy. Your bankruptcy lawyer will facilitate the Means Test which compares your income to the state’s median income to determine if you have enough disposable income to repay your creditors.

The Means Test examines your monthly revenue for the six months preceding your bankruptcy filing. This includes all forms of income such as salaries, dividends, etc. Then, certain priority debts such as alimony, child support, and taxes are deducted from your monthly income to determine your disposable income.

Reasons for failing the Means Test include:

High Income or Expenses

If your individual income is higher than South Carolina’s median income level for your household size, you may fail the means test. In addition, if your necessary expenses such as mortgage payments, car payments, and other bills are too high, it can push your disposable income over the threshold.

Errors or Mistakes

Filing the Means Test requires detailed information. Even a simple clerical error can throw off the results. Miscalculations of income, expenses, or debts can result in an inaccurate assessment of the individual’s income and their eligibility for bankruptcy.

If you plan to file bankruptcy, Charleston residents and those in surrounding areas have trusted the bankruptcy attorneys at the Drose Law Firm to conduct the South Carolina bankruptcy Means Test and handle their bankruptcy filings. If you plan to file bankruptcy now or in the future, our bankruptcy lawyers are here to help. Give us a call to schedule a consultation today.