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Getting
Around the Means Test
If I were your attorney I couldn’t advise
you on how to get around the means test with a few
maneuvers the bankruptcy code doesn’t specifically forbid.
Since I’m not your attorney I’m going to share some of
these tips with you for informational purposes only. These
are loopholes that are available to be taken advantage of
if you are aware they exist, and again this is the very
reason you are reading this site. So if you are not sure
about where you stand regarding the means test , or you
want to make sure that you can pass it and are borderline
as far as your income goes, pay attention to the following:
Timing:
You can time the filing of your bankruptcy to lower your
average income. For example if you just lost your job last
month you can wait five months to file your bankruptcy
which would give you a one month average for employment, or
you can wait six months and not show any income for six
months as you have been unemployed. Again all of this will
depend on your situation and whether or not you can wait.
But nevertheless the loophole is there for you to use and
is perfectly lawful. You can also take an unpaid leave of
absence from work technically to reduce your six month
income.
Household Size:
The means test uses how many people live in your household
according to the census bureau. Your household will consist
of all the people who occupy your home. This includes the
related members and all the unrelated people, like
roommates, foster children or any other unrelated friends
that live your household. Remember the more people in your
household the more money you would be allowed to make and
pass the means test. For example if you have a two
household family in a state A it might allow for you to
make $45,000 and less, and for three people it would be
$50,000. So here are little loopholes and situations you
can put yourself in to help you pass.