Means test
Term · Law · MLC-T-LAW-000141
A determination of whether an individual or household has the financial resources to qualify for government assistance or benefits. It assesses income, assets, and sometimes expenses against established thresholds. This test is commonly applied in programs such as Medicaid, food stamps, and certain bankruptcy filings.
Section 707(b)(2) of the Bankruptcy Code applies a "means test" to determine whether an individual debtor's chapter 7 filing is presumed to be an abuse of the Bankruptcy Code requiring dismissal or conversion of the case (generally to chapter 13). Abuse is presumed if the debtor's aggregate current monthly income (see definition above) over 5 years, net of certain statutorily allowed expenses is more than (i) $10,000, or (ii) 25% of the debtor's nonpriority unsecured debt, as long as that amount is at least $6,000. The debtor may rebut a presumption of abuse only by a showing of special circumstances that justify additional expenses or adjustments of current monthly income.
| Identifier | MLC-T-LAW-000141 |
|---|---|
| Field | Law |
| References | U.S. Courts Glossary of Legal Terms |
Record as JSON
{
"id": "MLC-T-LAW-000141",
"term": "Means test",
"field": "Law",
"definitions": [
"A determination of whether an individual or household has the financial resources to qualify for government assistance or benefits. It assesses income, assets, and sometimes expenses against established thresholds. This test is commonly applied in programs such as Medicaid, food stamps, and certain bankruptcy filings.",
"Section 707(b)(2) of the Bankruptcy Code applies a \"means test\" to determine whether an individual debtor's chapter 7 filing is presumed to be an abuse of the Bankruptcy Code requiring dismissal or conversion of the case (generally to chapter 13). Abuse is presumed if the debtor's aggregate current monthly income (see definition above) over 5 years, net of certain statutorily allowed expenses is more than (i) $10,000, or (ii) 25% of the debtor's nonpriority unsecured debt, as long as that amount is at least $6,000. The debtor may rebut a presumption of abuse only by a showing of special circumstances that justify additional expenses or adjustments of current monthly income."
],
"references": [
"U.S. Courts Glossary of Legal Terms"
],
"url": "https://mlchart.com/terminology/law/means-test/"
}
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