| name | means-test-calculation |
| title | Bankruptcy Means Test Calculation |
| description | Calculates the bankruptcy means test from paystub data to determine annualized gross income and compare against state median income thresholds. Covers the 6-month look-back period, YTD subtraction method, pro-rata adjustments, and median income comparison. Use when evaluating Chapter 7 eligibility, performing pre-filing income assessment, or preparing Form 122A-1. |
| author | CaseMark |
| author_url | https://github.com/CaseMark/skills/tree/main/skills/legal/means-test-calculation |
| license | Apache-2.0 |
| version | 0.1.0 |
| execution_mode | open |
| jurisdiction | us |
| practice | bankruptcy |
| language | en |
Bankruptcy Means Test Calculation
Analyzes paystub data to compute annualized gross income and determine whether the debtor is under or over the applicable state median income.
Prerequisites
Collect before starting:
- Filing date (actual or projected)
- State of residence
- Household size
- Paystubs covering at least 7 months prior to filing, with: pay period start/end dates, pay date, gross pay, YTD gross pay, and deductions (federal/state withholding, Social Security, Medicare)
Workflow
Step 1: Determine 6-Month Look-Back Period
Identify the six full calendar months immediately preceding the filing month. Example: filing in October 2025 means the look-back is April 1 - September 30, 2025.
Step 2: Calculate Total Gross Income
Primary method (YTD subtraction):
- Last paystub YTD before end of look-back period =
YTD_end
- Last paystub YTD before start of look-back period =
YTD_start
Total gross = YTD_end - YTD_start
Pro-rata adjustment: If a pay period straddles the look-back start date, pro-rate and deduct the portion falling outside the window.
Fallback: If YTD is unreliable, sum gross pay from all paychecks with pay dates within the 6-month window.
Step 3: Annualize
Average monthly gross = Total gross / 6
Annualized gross = Average monthly gross * 12
Step 4: Look Up State Median Income
- Use the Census Bureau / USTP median income table effective as of the filing date
- Match by state and household size
- For households > 4: add per-capita amount to the 4-person threshold (verify current amount from USTP tables)
Step 5: Compare
| Condition | Result |
|---|
| Annualized gross <= state median | Under Median - no presumption of abuse; Chapter 7 eligible |
| Annualized gross > state median | Over Median - full means test (Form 122A-2) required |
Required Output
6-Month Look-Back Period: [start] - [end]
Total Gross Income (6 mo): $XX,XXX.XX
Average Monthly Gross: $XX,XXX.XX
Annualized Gross Income: $XX,XXX.XX
State Median (HH size X): $XX,XXX.XX
Result: Under Median / Over Median
