INSTRUCTIONS: CHAPTER 7 MEANS TEST
Chapter 7 bankruptcy proceedings completed by individuals involve the liquidation of assets with the purpose of paying off debts and discharging the balance which cannot be paid afterwards. To obtain this status, you must first fill out the Chapter 7 Means Test proving they qualify for this status. These forms are provided by the United States Courts system and can be printed out from their website.
Chapter 7 Means Test Step 1: Part I should be completed by any debtor who is a military member or whose debts are not consumer related.
Chapter 7 Means Test Step 2: Part II is designed to determine your total current income from the last six months. List your marital status, gross wages, income from operating a business or farm, rent and property income, and any other income. Calculate your current monthly income as indicated.
Chapter 7 Means Test Step 3: In Part III, list the average median family income for households of your size in your state. This information is available on the website of the Department of Justice. If your current monthly income from Part II is equal to or less than this amount, skip to Step 10.
Chapter 7 Means Test Step 4: Part IV allows you to adjust your total monthly income based on various issues related to your spouse's financial status.
Chapter 7 Means Test Step 5: Part V, Subpart A allows for standard deductions as defined by the IRS. The Department of Justice lists the figures you will need, such as mortgage and household expenses.
Chapter 7 Means Test Step 6: Part V, Subpart B allows you to list other expenses, such as the cost of education for dependent children under 18.
Chapter 7 Means Test Step 7: Part V, Subpart C allows you to list expenses related to other debt payments.
Chapter 7 Means Test Step 8: Part VI measures your total deductions listed under the previous three sections against your average monthly income as listed in Part II. Completing this part of the form will determine how much of your debt can be disposed of versus your expenses.
Chapter 7 Means Test Step 9: Part VII allows you list any additional expense you feel are essential.
Chapter 7 Means Test Step 10: Sign and date the form. This will be part of your application for bankruptcy at your applicable court.
INSTRUCTIONS: SPECIAL POWER OF ATTORNEY (Form 11B)
People undergoing bankruptcy who wish to appoint someone to act on their behalf and represent them throughout meetings of creditors other than an attorney will need to complete a special power of attorney form, numbered 11B. This document is applicable in all 90 bankruptcy courts across the United States. Form 11B may be obtained from the website of the United States Courts system.
Special Power of Attorney 11B Step 1: Enter the number of the district where bankruptcy proceedings are unfolding and the name of the city, state or district at the top where indicated.
Special Power of Attorney 11B Step 2: Enter the case number which has been assigned to bankruptcy proceedings, as well as the chapter type of the bankruptcy you are applying for.
Special Power of Attorney 11B Step 3: Enter up to two names of people whom you wish to authorize to attend meetings of creditors and make decisions on their behalf. These representatives can also act on behalf of the trustees of the estate of a debtor. Include their addresses where indicated next to their names.
Special Power of Attorney 11B Step 4: This form must be completed in front of a notary, bankruptcy judge, clerks and deputy clerks of bankruptcy courts, United States trustees and American diplomatic or consular officers in foreign countries. Sign and date the document. Print your name next to the word "by".
Special Power of Attorney 11B Step 5: The authorized figure acting as a witness should indicate whether the person signing is an individual or a person acting on behalf of a partnership or corporation. They should then provide their authorized signature.