Hearing the words “means test error” after you have filed for bankruptcy can feel like someone just pulled the plug on your fresh start. You thought the hard part was admitting you needed help and getting the paperwork filed. Now it sounds like a line on a form or a number in a software program could cause your entire case to be thrown out.
Many people in Savannah and the surrounding Georgia counties file with the help of online tools, petition preparers, or well-meaning friends. On the surface, the means test looks like a calculator that simply tells you whether you “pass” or “fail.” In reality, it is a technical formula that depends on Georgia-specific numbers, strict time windows, and rules that are not obvious if you do not work with them every day.
Our firm, Barbara B. Braziel Attorney At Law, has handled thousands of bankruptcy cases over more than 42 years in Savannah and nearby communities. We spend a great deal of our day working with the means test, watching how local trustees review it, and correcting mistakes before they ever reach the courtroom. In this guide, we want to show you how these errors really happen, why they sometimes lead to dismissal, and what you can do if you are worried about a means test error in your own case.
How The Means Test Really Works In Georgia
The means test grew out of a federal law that tried to prevent people with higher incomes from using Chapter 7 when they could afford to repay some of their debts. It is not a simple “are you broke” check. Instead, it is a two-part formula that first compares your household income to the Georgia median for your household size, then looks at what is left after certain allowed expenses if your income is above that median. The formulas are applied using official forms, not just the quick online worksheets many people see first.
In Georgia, there are state-specific median income tables for different household sizes. These tables are updated regularly throughout the year. For example, the median income for a household of three in Georgia will be different from that of a household of two, and both numbers can change from one update to the next. The court uses the table that is in effect when you file, not an old number you may find in an article or generic calculator, so timing and up-to-date data matter.
The means test also relies on a concept called “current monthly income.” This is not your last paycheck, and it is not your average over the past year. It is the average of all income received in the six full calendar months before you file. If you file on July 15, the test typically looks back to income received from January 1 through June 30, then divides that total by six to get a monthly figure. Over time, bonuses and irregular income in that period can change the result dramatically, even if your current income has dropped.
On top of that, the second part of the means test uses IRS National and Local Standards to set caps on many living expenses, such as food, utilities, housing, and transportation. These standards often do not match what you actually pay. It is the allowed amounts that matter in the formula, not your real-world budget. In our Savannah practice, we have to keep track of both the Georgia median income tables and these IRS standards, then plug them into the test correctly for each client so the test reflects the rules the court will actually apply.
Don’t let mean test formula errors jeopardize your bankruptcy relief. Call (833) 522-1069 or reach out online today to safeguard your case from unnecessary dismissal.
Why Software & DIY Means Tests Go Wrong
From the outside, software looks like the safe way to handle the means test. You enter your numbers, pick Georgia from a menu, and the program spits out a result. The problem is that the software is only as accurate as its inputs and its data tables. If your income is entered wrong, your household size is off, or the program has not been updated to the current Georgia median levels and IRS standards, the final result can be badly distorted, and you may never see the flaw.
We often see people who started with a generic “Can I file Chapter 7” calculator online. Those tools may not ask the right questions or may rely on national medians, not Georgia’s numbers. Some petition preparers have their own templates that look official but are not tailored to the rules in the Southern District of Georgia. The forms they prepare might be filed, but once the trustee looks behind the numbers, problems emerge because the underlying formula was never applied correctly.
Another hidden issue is that many programs ask for “monthly income” without clearly explaining that the law looks at a specific six-month window. Filers may type in their current pay, not the average over the past six months, especially if overtime or a recent job change affected their income. If a software tool accepts that figure, people assume it must be fine, even though a trustee in Savannah will later recompute current monthly income using the true six-month history and may reach a very different number.
An example helps. Imagine a single filer whose total income for the past six months was actually 36,000 dollars, which should produce a current monthly income of 6,000 dollars. If they accidentally enter 4,500 dollars as their “monthly income” because they forgot about a two-month bonus period, the software might show them safely under the Georgia median for a household of one. On paper, they “pass” the means test. Once the trustee adds those bonuses back in and recalculates at 6,000 dollars, the same filer may land above median and into the second part of the test, where more scrutiny and a possible presumption of abuse come into play.
Common Formula Errors That Trigger A Presumption Of Abuse
Not every means test mistake leads to a presumption of abuse, but certain kinds of errors show up again and again in cases that face dismissal threats. One of the most common problems is miscounting household size. People sometimes leave out a child who splits time between homes, or include a roommate who does not share finances in a way the law recognizes. Because the Georgia median income increases with each additional household member, getting this number wrong can be the difference between falling below or above the median, which changes how the rest of the test is applied.
Consider a Savannah family with two adults and one child, where both adults work. If they mistakenly list a household of two instead of three, the Georgia median income that applies to them in the means test will be lower. Their combined current monthly income might put them over the two-person median, which sends them into the second stage of the test and might show enough disposable income to create a presumption of abuse. With the correct household size of three, that same income might fall below the three-person median, and the formula would stop there without moving into the second part.
Another frequent error involves the six-month income window. Filers and non-lawyer preparers sometimes include the current partial month or leave out an earlier full month because it seems “too old.” If someone worked heavy overtime three months ago but has since gone back to regular hours, they may be tempted to ignore the overtime months and enter only recent pay. The real current monthly income, which must include those overtime months, can be several hundred dollars higher than the figure they enter, pushing them into a different result on the test once the trustee does the math correctly.
We also see errors in how the IRS expense standards are applied. The means test allows certain standardized amounts for housing, transportation, and other necessities, regardless of what you actually pay. Some software and petition preparers plug in the person’s real rent or car payment instead of the allowed standard, or they take both the standard and the actual payment for the same item. This double-counting of expenses can falsely lower the calculated disposable income. When the trustee corrects the expenses to the proper standards, the disposable income jumps up, and the form may then show a presumption of abuse.
These problems are made worse when people or software rely on outdated tables. Median income and IRS standards change periodically. A means test based on last year’s Georgia numbers can give a very different outcome from one using today’s tables. Our involvement in consumer bankruptcy organizations keeps us current on these updates, which we then apply in our Savannah office so our clients are not relying on stale data that can cause serious trouble later in the case.
How Trustees Catch Means Test Problems In Georgia Cases
Even if a case files without the court clerk rejecting anything, that does not mean the means test is correct. After filing, the United States Trustee Program and the case trustee examine Form 122-A along with your pay stubs, tax returns, and other financial documents. They rebuild parts of the calculation on their own. If your reported current monthly income does not match what your pay history shows, or your household size does not line up with the people listed on your schedules, that catches their attention quickly.
In the Southern District of Georgia, trustees are used to seeing common patterns, and they focus quickly on inconsistencies. For example, if a filer lists 3,500 dollars per month in income on the means test, but their last year’s tax return suggests a much higher average, the trustee may ask for detailed pay records for each of the six months before filing. When they recompute the average and get a higher number, they will question why the form was filed with a lower current monthly income and may suspect that more information is missing.
Similar issues come up around household size and expenses. If the schedules show three children living in the home but the means test only lists a household of two, or if the stated housing expense is far above the local standard, trustees often ask pointed questions at the 341 meeting. They may request clarification about who actually lives in the household, who is financially supported, and how the expenses were determined, then ask for documents to back up the answers.
When trustees find significant discrepancies, several things can happen. They may ask you and your lawyer to amend the means test and provide additional documentation. In some situations, the United States Trustee’s office files a statement that there is a presumption of abuse and may follow that with a motion to dismiss or convert the case to Chapter 13. From our perspective in Savannah, once a motion is on file, the filer’s options narrow, which is why we put so much effort into catching and correcting these problems before filing whenever possible.
Warning Signs Your Means Test May Be Wrong
If you used software or a petition preparersome practical red flags suggest your means test should be checked more closely. One sign is that small changes in your inputs cause very large swings in the result. For example, if adjusting your income by a few hundred dollars per month makes the difference between clearly passing and clearly failing, it usually means your case is near a cutoff, and the numbers need careful review by someone who understands the formulas.
Another warning sign is that your means test income does not look anything like your real six-month average. If your paychecks have been steady but the test shows a much lower number, that is a clue that a month has been left out or that bonuses or overtime were ignored. On the other hand, if you lost a job recently but the means test still shows a high average because of earlier income, that might signal that timing or case strategy needs attention before any refiling is considered.
After filing, trustee behavior can also point to problems. If you quickly receive letters asking for detailed income documentation beyond what you already provided, or if the trustee signals at the 341 meeting that they are concerned about your eligibility for Chapter 7, those are not issues to shrug off. They usually mean that something in your means test, schedules, or supporting documents does not match up, and waiting to address it can make the situation harder to fix.
At our firm, we put a lot of emphasis on educating clients about their own numbers. We walk through where each income and expense figure on the means test came from, so you can see whether it lines up with your records and your memory. That process often reveals honest misunderstandings early, before they become grounds for an objection or motion to dismiss. If any of these red flags sound familiar, getting a Georgia bankruptcy attorney to look at your forms sooner rather than later can make a real difference in how much room you have to respond.
Can A Means Test Error Be Fixed After You File?
Discovering a means test error after filing is not the outcome anyone wants, but it is not always the end of the road. Some mistakes are straightforward enough that they can be corrected by filing an amended Form 122-A and providing the trustee with the records that support the corrected numbers. Common examples include leaving out a month of income, mistyping a figure, or miscounting household size in a way that is clearly explained by custody arrangements or similar facts.
In other situations, the error reveals that the filer truly does not qualify for Chapter 7 under the means test as it applies in Georgia. For instance, once all income is correctly counted and the allowed expenses are properly applied, the disposable income may exceed thresholds that typically cause the United States Trustee to seek dismissal. In those cases, a realistic path forward might be converting the case to Chapter 13, where a payment plan can be structured around what the filer can actually afford while still obtaining court protection from creditors.
There are also strategic questions about timing. If the six-month income window used in your means test includes unusually high income, and your current situation is much leaner, refiling at a later date may eventually be an option. That kind of decision involves weighing prior dismissals, automatic stay limits, and how your circumstances are changing over time. We caution people not to attempt that sort of strategy on their own, because the rules are complex and the stakes are high, especially when a home or vehicle is on the line.
When people come to us in Savannah with a filed case and a suspected or known means test error, we start by rebuilding the calculation from the ground up with the correct Georgia medians and IRS standards. Then we discuss what the corrected numbers show, what options exist, and what the likely response from the trustee or the United States Trustee’s office will be. Our goal is to turn a frightening phrase like “means test error” into a concrete situation with specific choices, so you can decide how to move forward with a full understanding of the risks and tradeoffs.
How Working With A Local Georgia Bankruptcy Team Reduces These Risks
Accurate means test work is not just about typing numbers into a form. It is about understanding how those numbers will be read by the trustees and courts in your part of Georgia, and building the test on solid documents and current standards. At Barbara B. Braziel Attorney At Law, our process starts with gathering the right records, including at least six months of pay stubs, tax returns, and information about all sources of household income, including a non-filing spouse when the law requires it.
We then calculate current monthly income using the six full calendar months before the planned filing date, checking that our totals match what the documents show. We cross-reference that average with the latest Georgia median income table for your household size, not last year’s numbers or a national average. For the expense side, we apply the IRS National and Local Standards that correspond to your situation, not just whatever amounts might make the form “look better,” so that the means test reflects what the law actually permits.
Our decades of experience in Savannah and neighboring counties also help when the rules leave room for judgment. Questions like who belongs in your household, how to treat irregular income, or how to handle a recent job change are not always clear-cut on their face. Because we have handled more than 5,000 cases in this region, we have seen how local trustees react to different fact patterns, and we use that knowledge when advising you on the safest way to present your information so that honest mistakes are less likely to be misinterpreted.
We know from Attorney Braziel’s own life experience that financial hardship often comes with shame and second-guessing. Our firm approaches means test work with that in mind. We explain what we are doing and why, answer questions in everyday language, and offer resources like checklists and guides to make gathering information less overwhelming. With two offices and virtual consultations, plus zero-dollar-down options for many clients, we try to make it possible for people who might otherwise rely on risky DIY solutions to get careful, local guidance instead.
Talk With A Savannah Bankruptcy Team About A Possible Means Test Error
A means test error does not mean you are a bad candidate for a fresh start. It usually means you were asked to navigate a complex formula that even many professionals find challenging, using tools that do not explain how Georgia’s rules really work. When that formula is fixed or rebuilt correctly, many people still have realistic options to deal with their debts and move forward.
If you live in Savannah or the surrounding Georgia counties and are worried about a means test error, whether you are still preparing to file or already have a case on file, you do not have to guess what comes next. Our team at Barbara B. Braziel Attorney At Law can review your means test, walk you through what the numbers actually show, and discuss your options in a clear, nonjudgmental conversation. To schedule a free initial consultation, call us today.
Protect your bankruptcy case from means test formula errors and unexpected setbacks. Call (833) 522-1069 or reach out online to schedule a thorough review.