Means-Test Forms 122A and 122C: What They Are and How They Work

Which 122 form goes with which chapter?

The number after 122 tells you the chapter. Chapter 7 filers use the 122A family. Chapter 13 filers use the 122C family. Chapter 11 individual filers use Form 122B, and the instructions are explicit that if you are filing under chapter 7, 12, or 13 you do not fill out Form 122B (U.S. Bankr. Ct. D. Alaska, The Forms Individuals and Married Couples Need to File Bankruptcy).

Within Chapter 7 there are three documents. Form 122A-1 is the Chapter 7 Statement of Your Current Monthly Income. Form 122A-1Supp is the Statement of Exemption from Presumption of Abuse Under § 707(b)(2). Form 122A-2 is the Chapter 7 Means Test Calculation. Within Chapter 13 there are two: Form 122C-1 (current monthly income and calculation of commitment period) and Form 122C-2 (calculation of disposable income).

Court filing checklists list them by these numbers, so matching the number to your chapter is the first step.

How does Form 122A-1 actually work?

Form 122A-1 has three parts, and Part 1 does most of the work. You first state your marital and filing status, because that determines whether you fill in one income column or two. A married filer whose spouse is not filing, but who lives in the same household and is not legally separated, still fills in both columns; a filer living separately or legally separated fills in Column A only, and checking that box is a declaration under penalty of perjury (Bankr. E.D. La. official guidance — Chapter 7 Form Packet).

You then fill in the average monthly income received from all sources during the six full months before you file. The form gives the worked example: filing on September 15 means the six-month window is March 1 through August 31. If income varied, you add the six months and divide by six.

The form's own instructions tell you whether Form 122A-2 is required. If you have nothing to report on a line, you write $0 rather than leaving it blank.

• Line 2 is gross wages, salary, tips, bonuses, overtime and commissions, before payroll deductions.
• Line 3 is alimony and maintenance, excluding payments from a spouse whose income is already in Column B.
• Do not report the same income twice — jointly owned rental income goes in one column only.
• Line 13 requires a figure you look up rather than one you already know.

What does Form 122A-2 calculate?

Form 122A-2 is the calculation the statute describes. Under 11 U.S.C. § 707(b)(2)(A)(i), a court presumes abuse exists if current monthly income, reduced by specified deductions and multiplied by 60, is not less than the lesser of 25 percent of nonpriority unsecured claims or $6,000, whichever is greater, or $10,000. The form walks you through the deductions that produce that reduced figure.

Part 2 begins with the number of people used to determine deductions, which the form warns may differ from the number of people in your household. Lines 6 through 15 use IRS National and Local Standards, and the form is emphatic that you deduct the standard amounts regardless of your actual expense; later parts let you use higher actual expenses in specific categories.

Lines 16 through 22 cover Other Necessary Expenses: taxes, involuntary payroll deductions, term life insurance, court-ordered payments, education, childcare and unreimbursed health care.

• Line 33 averages secured debt payments by adding everything contractually due in the 60 months after filing and dividing by 60.
• Line 34 adds a monthly cure amount for property you need to keep, also divided by 60.
• Line 35 covers priority claims such as priority taxes and past-due support.

What does federal law say about these forms?

Three provisions sit underneath the paperwork. Section 707(b) is the abuse standard: after notice and a hearing, a court may dismiss an individual Chapter 7 case involving primarily consumer debts, or convert it with the debtor's consent, if granting relief would be an abuse (11 U.S.C. § 707(b)(1)). The statute also directs that expense amounts come from the IRS National Standards, Local Standards and Other Necessary Expenses categories for the area where the debtor resides, as in effect on the date of the order for relief (11 U.S.C. § 707(b)(2)(A)(ii)(I)).

Section 521 requires the debtor to file schedules of assets, liabilities, income and expenditures, a statement of monthly net income itemized to show how it is calculated, and copies of payment advices received in the 60 days before filing (11 U.S.C. § 521(a)(1)).

Chapter 13's version runs through 11 U.S.C. § 1325(b), which governs what projected disposable income a plan must commit when a trustee or unsecured creditor objects. Section 527 separately notes that current monthly income, the § 707(b)(2) amounts, and Chapter 13 disposable income determined under § 707(b)(2) must be stated after reasonable inquiry (11 U.S.C. § 527(a)(2)(C)).

Where do local rules change the answer?

The forms are national; the deadlines and filing mechanics are local. Several districts restate the same rule: unless a § 707(b)(2)(D) exclusion applies, an individual Chapter 7 debtor must file a statement of current monthly income on the appropriate Official Form, and if that income exceeds the median family income for the applicable state and household size, must also file the § 707(b) information and calculations (E.D. Mich. LBR 1007-4; IBR 1007-11).

Time limits commonly track the same pattern: in a voluntary case, these documents are filed with the petition or within 14 days after (E.D. Mich. LBR 1007-4; Bankr. D. Minn. official page — Interim Bankruptcy Rules). Some districts add mechanical requirements — one requires Form B122A-1 to be filed as a separate document rather than inside the petition PDF, though it may be combined on an emergency filing (Bankr. S.D. Ind. official page — Chapter 7 Statement of Current Monthly Income).

Check your own district's filing checklist. Find yours through the court finder.

• Alabama and North Carolina use a separate administrative expense multiplier for line 36 of Form 122A-2.
• Median family income figures for your state and household size are published by the U.S. Department of Justice.
• Districts publish their own required-documents lists; the numbering of the forms does not change between them.

What does this look like in practice?

A district checklist gives the clearest picture of where the 122 forms sit in a filing. One Chapter 7 list places Form 122A-1 among the documents due with the petition or within 14 days, noting it may also require Form 122A-1Supp or Form 122A-2, alongside the schedules, the Statement of Financial Affairs, and a payment advice cover sheet with pay stubs from the 60 days before filing (Bankr. N.D. Iowa official page — Chapter 7 Filing Requirements).

The Chapter 13 list is the mirror image: Form 122C-1 sits in the same 14-day group, with Form 122C-2 marked "if necessary" (Bankr. N.D. Iowa official page — Chapter 13 Filing Requirements). Whether 122C-2 is necessary follows from 122C-1 — if income is equal to or less than the state median for that household size, the second form is not completed (Bankr. S.D. Iowa official guidance — Instructions - Bankruptcy Forms for Individuals).

Fees are a separate line item on the same checklists. The Chapter 7 statutory filing fee is $245 (28 U.S.C. § 1930(a)(1)(A), (f)(1)); Chapter 13's is $235 (28 U.S.C. § 1930(a)(1)(B)).

What documents and information do you need to fill these out?

Most of the difficulty is gathering, not calculating. You need six full months of income records for everyone whose income belongs on the form, because current monthly income is a six-month average, not last month's paycheck. Section 521(a)(1) separately requires copies of all payment advices or other evidence of payment received from an employer in the 60 days before filing.

Several lines cannot be answered from your own records at all. The instructions direct filers to look up figures online to complete line 13 of Form 122A-1 and lines 6-15, 30 and 36 of Form 122A-2, and note that a public computer at the bankruptcy clerk's office or a public library may be available if you do not have internet access (U.S. Bankr. Ct. D. Ariz., Instructions for Completing the Bankruptcy Petition, Schedules and Statements).

Servicemembers, veterans and family members of veterans have a published list of benefits that need not be reported on lines 9 or 10 under the HAVEN Act.

• Six months of pay stubs, plus 60 days of payment advices to file with the case.
• Records of any alimony, maintenance, or regular contributions from others.
• Statements for mortgages and vehicle loans, to build the 60-month averages on line 33.
• Amounts of any past-due support or priority tax debt for line 35.
• Your household size and the number of people claimable as exemptions on your federal return — these can differ.

What should you ask a lawyer about the 122 forms?

Court clerks cannot help. One district states plainly that neither the court, its staff, nor the clerk's office can give any type of legal advice or assist in preparing the forms, and directs filers to an attorney or a legal aid foundation (Bankr. S.D. Ill. official page — Debtor FAQs). That makes a short list of questions worth bringing to a consultation.

The judgment calls tend to cluster in a few places: which income belongs in Column B when a spouse is not filing, whether your debts are primarily consumer debts under 11 U.S.C. § 101(8), whether a military-service or disabled-veteran exclusion under § 707(b)(2) applies to you, and which actual expenses may be substituted for a standard amount.

The consequences of getting these wrong are also worth asking about. Section 527 notes that information provided during a case may be audited, and that failure to provide it may result in dismissal or other sanction, including a criminal sanction (11 U.S.C. § 527(a)(2)(D)).

• Does my household size for line 5 match the number I claim on my tax return?
• Are my debts primarily consumer debts, and does that match line 16 of the petition?
• Does any § 707(b)(2)(D) exclusion apply to me, and for how long?
• If Chapter 7 does not fit, what would my commitment period look like under Form 122C-1?

Frequently asked questions

Do I have to file Form 122A-2?

Only if Form 122A-1 says so. One district's filing procedure states the form should only be filed if required by Form B122A-1 (Bankr. S.D. Ind. official page — Chapter 7 Means Test Calculation). Local rules commonly require the calculation when current monthly income exceeds the median family income for the applicable state and household size (E.D. Mich. LBR 1007-4).

What is 'current monthly income' on these forms?

It is the average monthly income you received from all sources during the six full months before you file, under 11 U.S.C. § 101(10A). The form gives an example: a September 15 filing uses March 1 through August 31. If the amount varied, you add the six months together and divide by six, and you do not count the same income twice.

When are the 122 forms due?

Commonly with the petition or within 14 days after it in a voluntary case (E.D. Mich. LBR 1007-4; Bankr. D. Minn. official page — Interim Bankruptcy Rules). Districts state this in their own local or interim rules, and some allow the forms to be filed together in one PDF or separately. Check your district's required-documents list.

What is Form 122A-1Supp for?

It is the Statement of Exemption from Presumption of Abuse Under § 707(b)(2), filed together with Form 122A-1 by someone who believes an exclusion applies. Part 1 asks whether your debts are primarily consumer debts as defined in 11 U.S.C. § 101(8); Part 2 asks about disabled-veteran status and Reservist or National Guard active-duty service.

What happens if the means test shows a presumption of abuse?

A presumption of abuse is described in the official form definitions as a rebuttable legal presumption that you have too much income after allowed expenses to be granted relief under chapter 7. Under 11 U.S.C. § 707(b)(1), a court may, after notice and a hearing, dismiss the case or, with the debtor's consent, convert it to chapter 11 or 13.

Does Chapter 13 have a means test?

Chapter 13 uses a parallel calculation rather than the same one. Form 122C-1 reports current monthly income and determines the commitment period; Form 122C-2 calculates disposable income and uses the same IRS National and Local Standards in lines 6-15. The statutory hook is 11 U.S.C. § 1325(b), which applies when a trustee or unsecured creditor objects to confirmation.

Do I file Form 122B?

Only if you are an individual filing under chapter 11 other than subchapter V. The instructions state directly that if you are filing under chapter 7, 12, or 13, you do not fill out this form (U.S. Bankr. Ct. D. Alaska, The Forms Individuals and Married Couples Need to File Bankruptcy). Chapter 7 filers use the 122A forms; chapter 13 filers use the 122C forms.

What does it cost to file, separate from the forms?

The Chapter 7 statutory filing fee is $245 (28 U.S.C. § 1930(a)(1)(A), (f)(1)), plus a $78 administrative fee and a $15 trustee surcharge (Bankruptcy Court Miscellaneous Fee Schedule, Items 8 and 9). Chapter 13's filing fee is $235 (28 U.S.C. § 1930(a)(1)(B)) plus the $78 administrative fee. Districts publish installment and waiver applications on their forms pages.

Sources

• 11 U.S.C. § 707 — Dismissal of a case or conversion to a case under chapter 11 or 13 · official source
• 11 U.S.C. § 521 — Debtor's duties · official source
• 11 U.S.C. § 1325 — Confirmation of plan · official source
• 11 U.S.C. § 527 — Disclosures · official source
• 11 U.S.C. § 101 — Definitions · official source
• E.D. Mich. LBR 1007-4 — Lists, Schedules, Statements and Other Documents; Time Limits
• IBR 1007-11 — Lists, Schedules, Statements, and Other Documents; Time Limits
• Bankr. D. Minn. official page — Interim Bankruptcy Rules [https://www.mnb.uscourts.gov/interim-bankruptcy-rules]
• Bankr. E.D. La. official guidance — Chapter 7 Form Packet
• Bankr. M.D. La. filing packet — Ch7_Vol_Petition_ Package-2026.pdf
• U.S. Bankr. Ct. D. Alaska, The Forms Individuals and Married Couples Need to File Bankruptcy
• U.S. Bankr. Ct. D. Ariz., Instructions for Completing the Bankruptcy Petition, Schedules and Statements
• Bankr. S.D. Ind. official page — Chapter 7 Statement of Current Monthly Income
• Bankr. S.D. Ind. official page — Chapter 7 Means Test Calculation
• Bankr. N.D. Iowa official page — Chapter 7 Filing Requirements
• Bankr. N.D. Iowa official page — Chapter 13 Filing Requirements
• Bankr. S.D. Iowa official guidance — Instructions - Bankruptcy Forms for Individuals
• Bankr. D. Md. official page — Required forms for Chapter 7 and Chapter 13 filings
• Bankr. D. Mass. official guidance — Statements of Monthly Income (Means Test, Disposable Income & CMI)
• Bankr. S.D. Ill. official page — Debtor FAQs
• 28 U.S.C. § 1930(a)(1)(A), (f)(1)
• 28 U.S.C. § 1930(a)(1)(B)
• Bankruptcy Court Miscellaneous Fee Schedule, Item 8
• Bankruptcy Court Miscellaneous Fee Schedule, Item 9

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