Who does not need to complete the means test for Bankruptcy in NYC?

In New York City and the entire United States for that matter all debtors are required to complete the “Statement of Current monthly income and means-test calculation” form. However, disabled veterans and non-consumer debtors are not required to complete the entire means test form.  Instead they check a box in part 1 of the statement declaring under oath that they are either a disabled veteran or their debts are primarily non-consumer debt.  Non-consumer debt is debt that was incurred for the welfare of the debtor.  For instance a mortgage, credit card debt and student loans would all be debt for the welfare of a debtor.  Debts for corporations or a business venture would not be considered consumer debt.  Also, Reservists and National Guard members are excluded from the means test requirement as long as they are active in the military.

What does this mean for you?

For the most part everyone in a Chapter 7 or Chapter 13 Bankruptcy is required to pass the means test.

If you live in New York and would like a free no-obligation debt relief consultation contact my office at 212-244-2882. All new clients who mention this website get a free 3-bureau credit report and additionally we will pay for both required bankruptcy courses if you sign a retainer.