Below is the mandatory “means test” now required by law.  This excerpt is just a
small taste of some of the changes that have been made to the bankruptcy code.  
Your creditors would LOVE it if you stepped into court without an attorney now!


MEANS TESTING:  11 U.S.C. 707(b):


(2)(A)
    (i) In considering under paragraph (1) whether the granting of relief would be an abuse
    of the provisions of this chapter, the court shall presume abuse exists if the debtor's
    current monthly income reduced by the amounts determined under clauses (ii), (iii),
    and (iv), and multiplied by 60 is not less than the lesser of—
    (I) 25 percent of the debtor's nonpriority unsecured claims in the case, or
    $6,000, whichever is greater; or
    (II) $10,000.
    (ii)
    (I) The debtor's monthly expenses shall be the debtor's applicable  monthly
    expense amounts specified under the National Standards and Local  
    Standards, and the debtor's actual monthly expenses for the categories  
    specified as Other Necessary Expenses issued by the Internal Revenue
    Service  for the area in which the debtor resides, as in effect on the date of
    the  order for relief, for the debtor, the dependents of the debtor, and the
    spouse  of the debtor in a joint case, if the spouse is not otherwise a
    dependent.  Such expenses shall include reasonably necessary health
    insurance, disability  insurance, and health savings account expenses for the
    debtor, the spouse of  the debtor, or the dependents of the debtor.
    Notwithstanding any other  provision of this clause, the monthly expenses of
    the debtor shall not include  any payments for debts. In addition, the debtor's
    monthly expenses shall  include the debtor's reasonably necessary expenses
    incurred to maintain the  safety of the debtor and the family of the debtor
    from family violence as  identified under section 309 of the Family Violence
    Prevention and Services  Act, or other applicable Federal law. The expenses
    included in the debtor's  monthly expenses described in the preceding
    sentence shall be kept  confidential by the court. In addition, if it is
    demonstrated that it is  reasonable and necessary, the debtor's monthly
    expenses may also include an  additional allowance for food and clothing of
    up to 5 percent of the food and  clothing categories as specified by the
    National Standards issued by the  Internal Revenue Service.
    (II) In addition, the debtor's monthly expenses may include, if applicable,  the
    continuation of actual expenses paid by the debtor that are reasonable and  
    necessary for care and support of an elderly, chronically ill, or disabled  
    household member or member of the debtor's immediate family (including  
    parents, grandparents, siblings, children, and grandchildren of the debtor,  the
    dependents of the debtor, and the spouse of the debtor in a joint case who  is
    not a dependent) and who is unable to pay for such reasonable and
    necessary  expenses.
    (III) In addition, for a debtor eligible for chapter 13, the debtor's monthly  
    expenses may include the actual administrative expenses of administering a  
    chapter 13 plan for the district in which the debtor resides, up to an amount  
    of 10 percent of the projected plan payments, as determined under
    schedules  issued by the Executive Office for United States Trustees.
    (IV) In addition, the debtor's monthly expenses may include the actual  
    expenses for each dependent child less than 18 years of age, not to exceed  
    $1,500 per year per child, to attend a private or public elementary or  
    secondary school if the debtor provides documentation of such expenses and
    a  detailed explanation of why such expenses are reasonable and necessary,
    and  why such expenses are not already accounted for in the National
    Standards,  Local Standards, or Other Necessary Expenses referred to in
    subclause (I).
    (V) In addition, the debtor's monthly expenses may include an allowance for  
    housing and utilities, in excess of the allowance specified by the Local  
    Standards for housing and utilities issued by the Internal Revenue Service,  
    based on the actual expenses for home energy costs if the debtor provides  
    documentation of such actual expenses and demonstrates that such actual  
    expenses are reasonable and necessary.
    (iii) The debtor's average monthly payments on account of secured debts shall be
    calculated as the sum of--
    (I) the total of all amounts scheduled as contractually due to secured  
    creditors in each month of the 60 months following the date of the petition;  
    and
    (II) any additional payments to secured creditors necessary for the debtor, in
    filing a plan under chapter 13 of this title, to maintain possession of the
    debtor's primary residence, motor vehicle, or other property necessary for the
    support of the debtor and the debtor's dependents, that serves as collateral for
    secured debts; divided by 60.
    (iv) The debtor's expenses for payment of all priority claims (including priority child
    support and alimony claims) shall be calculated as the total amount of debts entitled
    to priority, divided by 60.
  (B)
    (i) In any proceeding brought under this subsection, the presumption of abuse may
    only be rebutted by demonstrating special circumstances, such as a serious medical
    condition or a call or order to active duty in the Armed Forces, to the extent such
    special circumstances that justify additional expenses or adjustments of current
    monthly income for which there is no reasonable alternative.
    (ii) In order to establish special circumstances, the debtor shall be required to itemize
    each additional expense or adjustment of income and to provide--
    (I) documentation for such expense or adjustment to income; and
    (II) a detailed explanation of the special circumstances that make such  
    expenses or adjustment to income necessary and reasonable.
    (iii) The debtor shall attest under oath to the accuracy of any information provided to
    demonstrate that additional expenses or adjustments to income are required.
    (iv) The presumption of abuse may only be rebutted if the additional expenses or
    adjustments to income referred to in clause (i) cause the product of the debtor's
    current monthly income reduced by the amounts determined under clauses (ii), (iii),
    and (iv) of subparagraph (A) when multiplied by 60 to be less than the lesser of--
    (I) 25 percent of the debtor's nonpriority unsecured claims, or $6,000,   
    whichever is greater; or
    (II) $10,000.
  (C) As part of the schedule of current income and expenditures required under section 521,
the debtor shall include a statement of the debtor's current monthly income, and the
calculations that determine whether a presumption arises under subparagraph (A)(i), that show
how each such amount is calculated.
(D) Subparagraphs (A) through (C) shall not apply, and the court may not dismiss or convert a
case based on any form of means testing, if the debtor is a disabled veteran (as defined in
section 3741(1) of title 38), and the indebtedness occurred primarily during a period during
which he or she was--
    (i) on active duty (as defined in section 101(d)(1) of title 10); or
    (ii) performing a homeland defense activity (as defined in section 901(1) of title 32).
(3) In considering under paragraph (1) whether the granting of relief would be an abuse of the
provisions of this chapter in a case in which the presumption in subparagraph (A)(i) of such
paragraph does not arise or is rebutted, the court shall consider--
(A) whether the debtor filed the petition in bad faith; or
(B) the totality of the circumstances (including whether the debtor seeks to reject a personal
services contract and the financial need for such rejection as sought by the debtor) of the
debtor's financial situation demonstrates abuse.    

......

(6) Only the judge or United States trustee (or bankruptcy administrator, if any) may file a
motion under section 707(b), if the current monthly income of the debtor, or in a joint case,
the debtor and the debtor's spouse, as of the date of the order for relief, when multiplied by 12,
is equal to or less than--
(A) in the case of a debtor in a household of 1 person, the median family income of the
applicable State for 1 earner;
(B) in the case of a debtor in a household of 2, 3, or 4 individuals, the highest median family
income of the applicable State for a family of the same number or fewer individuals; or
(C) in the case of a debtor in a household exceeding 4 individuals, the highest median family
income of the applicable State for a family of 4 or fewer individuals, plus $525 per month for
each individual in excess of 4.
(7) (A) No judge, United States trustee (or bankruptcy administrator, if any), trustee, or other
party in interest may file a motion under paragraph (2) if the current monthly income of the
debtor, including a veteran (as that term is defined in section 101 of title 38), and the debtor's
spouse combined, as of the date of the order for relief when multiplied by 12, is equal to or less
than--
    (i) in the case of a debtor in a household of 1 person, the median family income of the
    applicable State for 1 earner;
    (ii) in the case of a debtor in a household of 2, 3, or 4 individuals, the highest median
    family income of the applicable State for a family of the same number or fewer
    individuals; or
    (iii) in the case of a debtor in a household exceeding 4 individuals, the highest
    median family income of the applicable State for a family of 4 or fewer individuals,
    plus $525 per month for each individual in excess of 4.
  (B) In a case that is not a joint case, current monthly income of the debtor's spouse shall not
be considered for purposes of subparagraph (A) if--
    (i)
    (I) the debtor and the debtor's spouse are separated under applicable  
    nonbankruptcy law; or
    (II) the debtor and the debtor's spouse are living separate and apart,  other
    than for the purpose of evading subparagraph (A); and
    (ii) the debtor files a statement under penalty of perjury--
    (I) specifying that the debtor meets the requirement of subclause (I) or (II)  of
    clause (i); and
    (II) disclosing the aggregate, or best estimate of the aggregate, amount  of
    any cash or money payments received from the debtor's spouse attributed  to
    the debtor's current monthly income.
....
Means Testing
1103 West Meeker Street, Ste 101 • Kent, WA 98032 • (253) 631-6484