Under the new bankruptcy law, if you want to file bankruptcy, you and your income must go through a mathematical test known as the "means test."  This means test is done by the court system to determine if you are eligible to file bankruptcy. 

The purpose of the means test is to keep people from abusing the bankruptcy system by filing when they don't have to.  The presumption is that if you fail the means test, you are trying to abuse the system.  This test can also determine whether you can file Chapter 7 or Chapter 13 Bankruptcy.

When the court is considering whether or not the person is eligible for bankruptcy, the person's monthly income, when reduced according to the law, and multiplied by 60, has to be greater than 25 percent of you unsecured debt or $6000 if the 25 percent is less than $6,000, or it must be greater than $10,000.

The means test will be available to most bankruptcy attorneys and approved credit counseling agencies so you can determine if you are eligible to file bankruptcy, and if so, which type of bankruptcy.  Click here to see the means test formula.