Free Case Evaluation Form
*Please note: our office cannot represent you and no attorney-client relationship exists until you sign our retainer agreement.
Have a question? Use the search box.
Russell B. Weekes is a Utah bankruptcy attorney serving clients throughout the state of Utah including the cities of Salt Lake City, Bountiful, Kaysville, Layton, Farmington, Midvale, Holliday, Taylorsville, Tooele, West Jordan, West Valley City, Murray, Sandy, Vernal, Provo, Park City, Heber, Ogden and Orem, and also the communities in Salt Lake County, Davis County, Utah County, Summit County, Morgan County, Wasatch County, Daggett County, and Tooele County.
© 2011 Weekes Law, PLLC.
A Utah Bankruptcy Attorney
503 West 2600 South, Suite 200
Bountiful, UT 84010
(801) 513-1290
We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.
Utah Chapter 7 Eligibility Calculators
Are you eligible to file a Utah Chapter 7 bankruptcy case? Will you be required to file a Chapter 13 bankruptcy because your income is too high or you have too much disposable income? These questions must be considered in every bankruptcy case because the bankruptcy law requires most bankruptcy filers to complete and pass the means test, the principal, but not the only Chapter 7 eligibility test. If you pass the means test you can file a Chapter 7 or a Chapter 13 bankruptcy. If you fail the means test then you will be required to file a Chapter 13 bankruptcy case. The means test for Chapter 7 is set out on Official Bankruptcy Form 22A. The test requires you to set forth your average gross monthly income for the six months prior to filing bankruptcy. That six month income is then converted to an annual figure and compared to Utah's median income for your household size. If your income is higher than the median then you must complete the remainder of the means test, which allows you to deduct certain expenses from your income, many of which are based on standard IRS deductions rather than actual expenses.
Even if you pass the means test you could still be required to file Chapter 13 if you have too much disposable income as shown on Schedules I and J. On Schedule I you list your actual monthly income. On Schedule J you list your expenses as they will be after you file bankruptcy and no longer have to pay most unsecured creditors. If you have too much money left over after subtracting actual expenses from income you will not be able to proceed with a Chapter 7 bankruptcy, but could instead proceed with a Chapter 13 bankruptcy.
Below are links to our two bankruptcy eligibility calculators. The first one is our Basic Utah Means Test Calculator. The second one is to the Full Utah Means Test Calculator. The basic calculator is quick and is designed to give you a rough idea where you stand on eligibility to file a Chapter 7 bankruptcy case. The second calculator is the full means test and is based on Official Bankruptcy Form 22A. The calculators both use the latest IRS median income and expense data as found on the U.S. Trustee's website. Either calculator can be used for cases filed on or after May 1, 2012. The calculators are not meant to replace the counsel of a knowledgeable bankruptcy attorney. Many of the lines on the full means test calculator where you will enter data have been subject to interpretation by the courts. What this means is that you might list a value on a given line and when you get into court find yourself facing an objection from the trustee based on a value that is not in keeping with current case law. Use the calculators in helping you to get an idea whether you qualify for Chapter 7 and/or Chapter 13 bankruptcy relief, but then go see a bankruptcy attorney. Also, neither calculator is intended to be used in filling out the actual means test.
Our office offers a free initial consultation to help you evaluate the results you receive from either calculator and to advise you concerning your bankruptcy and non-bankruptcy options. Make sure to print out your results and bring them with you to your appointment. Complete our contact form or call 801.203.3525 to schedule your consultation.
801.203.3525
or use our form for a
Free Utah Bankruptcy Consultation