Means Tests

Means Test Chapter 7
1. A Form B22A, Statement of Current Monthly Income and Means Test Calculation - Chapter 7, should be filed with the petition or within 15 days in all chapter 7 individual debtor cases with primarily consumer debts. If filed with the petition, the document should be included in the petition packet PDF. This documents determines presumption of abuse.

A. The Clerk's office is not required to review any of the calculations on the B22A for accuracy or completeness. B. The Clerk's office is required to serve notice to all creditors regarding presumption of abuse at the time of filing. This information is shown on the 341 meeting notice. C. The Clerk's office is required to serve notice to all creditors when the debtor files a statement that the presumption of abuse has arisen. This is a separate notice if the 341 meeting has already been noticed. D. The Clerk's office is required to serve notice to all creditors if the U.S. Trustee files a Statement of Presumption of Abuse.

DOCKETING OVER THE COUNTER FILING:
2. No detail.

3. When opening a chapter 7 case and if the debtor is an individual with consumer debts, the presumption of abuse prompt displays and requires a selection of yes, no or unknown. Do A or B as follows:

A. When a Form B22A (Statement of Current Monthly Income and Means Test Calculation - Chapter 7 ) is filed with the petition: - Review the check affixed by the filer on the Form B22A located in the box at the top right hand corner of the front page. - Select yes if the Presumption arises box is checked, select no if the Presumption does not arise box is checked or select unknown if neither box on the statement is checked. - A MEANSYES, MEANSNO, OR MEANSU flag will be set based on the selection. These flags only display in Case Summary under the Query menu. The flag that is set determines the presumption of abuse language that is displayed on the 341 meeting notice which will be (1) The presumption of abuse arises (2) The presumption of abuse does not arise, (3) Insufficient information has been filed to date to permit the clerk to make any determination concerning presumption of abuse.

B. When a Form B22A is NOT filed with the petition select unknown.

4. When docketing a Form B22A that is filed in a chapter 7 case after the petition is filed:

A. Docket the B22A using the Statement of Current Monthly Income And Means Test Calculation-Chapter 7 event (Other category.) B. Review the check in the box at the top right hand corner of the front page of the B22A. C. At the appropriate prompt, select yes if Presumption arises box is checked, select no if Presumption does not arise box is checked or select unknown if neither box on the B22A is checked. D. If yes is selected, "Presumption of Abuse" language displays in docket text. Produce the form #236 "Clerk's Notice of Presumed Abuse Under 11 U.S.C. 707(b)(2) and service to all creditors. E. A MEANSYES, MEANSNO, or MEANSU flag will be set based on the selection. This flag will only display in Case Summary.

QUALITY ASSURANCE:
5. Before generating a 341 meeting notice:

Ensure that the flag displayed in the Case Summary corresponds with the check box on Form B22A (MEANSY, MEANSN or MEANSU). The MEANSU flag displays if no Form B22A is filed or no box is checked on the B22A. If an individual debtor has business debts (nature of debt=business), no MEANS flag should display. If incorrect, make necessary correction.

Reminder: if you have already generated the 341 meeting, but it has not yet been picked up by the BNC, be aware that corrections to notices already in the pickup que will not change the notice. You must delete the notice from the pickup que, make the correction and regenerate the notice.

6. Statement of Current Monthly Income and Means Test Calculation - Chapter 7:

A. Insure that the means "abuse" language in docket text and the MEANS flag displayed in Case Summary (MEANSY, MEANSN, or MEANSU) correspond with the entry (or lack thereof) in the check box in the right hand corner of the first page of the B22A. If incorrect, make necessary corrections to docket text and MEANS flag. B. If abuse=YES is indicated incorrectly (i.e., should be NO or Unknown), make the needed corrections. You may also need to (1) delete a form #236 notice request from the pick-up que (if docketed by an attorney) or (2) delete a form #236 notice from the pickup que (if docketed by a case manager and if not too late) or (3) generate a correcting notice if the case manager generated form has already been picked up. C. If abuse=NO or Unknown is indicated incorrectly (i.e., should be YES), make the needed corrections then generate a notice form #236, "Clerk's Notice of Presumed Abuse Under 11 U.S.C. 707(b)(2)", by docketing the "forms" event in the court events category.

7. Conversion to Chapter 7:

Before docketing the First Meeting of Creditors Chapter 7 event, review the case to determine whether a Form B22A has been docketed. A. If a form B22A is docketed, ensure that the MEANS flag displayed in Case Summary (MEANSY, MEANSN, or MEANSU) correspond with the entry (or lack thereof) in the check box in the right hand corner of the first page of the B22A. If incorrect, make necessary corrections. B. If Form B22A is NOT docketed, ensure that there is a MEANSU flag displayed in Case Summary. If missing or incorrect, make necessary correction.

8. UST Statement of Presumed Abuse (text only event):

Ensure that form notice #245 is generated. Service to all creditors.

Means Test Chapter 11 and 13
1. A Form 22 should be filed with petition or within 15 days in all chapter 11 and 13 individual consumer debtor cases.

A. If filed with the petition, the document should be included in the petition packet PDF. B. The Clerk's office will not be required to review any of the calculations provided by the debtor for accuracy or completeness.

2. Docket the Form B22B - Statement of Current Monthly Income - Chapter 11 using the Chapter 11 Statement of Current Monthly Income event (Other category) if filed separately.

No details.

3. Docket the Form B22C - Statement of Current Monthly Income and Means Test Calculation - Chapter 13 using the Chapter 13 Statement of Currently Monthly Income and Disposable Income Calculation event (Other category) if filed separately.