The process for assessing eligibility for liquidation bankruptcy under federal law in a specific state involves a calculation to determine whether an individual’s income exceeds a threshold. This evaluation utilizes data relevant to the state where the debtor resides, specifically taking into account median income figures for households of similar size within that jurisdiction. The purpose of this assessment is to limit access to this form of debt relief for individuals who possess sufficient income to repay a portion of their debts through a repayment plan under an alternative chapter of the bankruptcy code.
This calculation is critical because it serves as an initial screen for identifying potential abuse of the bankruptcy system. Historically, the absence of such a structured assessment led to concerns about individuals with substantial incomes discharging debts without contributing to their repayment. By incorporating state-specific median income data, the process aims to provide a fairer and more equitable distribution of resources, ensuring that individuals who can afford to repay some debt obligations do so, while still providing a safety net for those truly in need of debt relief.
