Form B22

The official form for the chapter 13 means test is Form B22C.  The purpose of the form are several.   One is to determine whether the debtor’s household income is above or below median income. If the debtor’s income is below mean-income, the chapter 13 is only required to be 3 years. If the debtor’s household income is above mean income, the chapter 13 plan must be for 5 years. On this form, the debtor is required to set forth his household size. The size of the household is sometimes difficult to determine and various courts taken different approaches. One is based on the Census Bureau definition of a household and another uses the “economic unit” test.

Non-Filing Spouse

Another challenge in completing this form is the line items setting forth the deduction of the non-filing spouse’s expenses. Different courts take different approaches to the various issues presented as to this expenses. Other considerations and court decision impact whether other line items are allowed to be taken,  such a deduction for private school, extra transportation expenses, and for retirement plan contribution and loan repayments. At the end of this form, the debtor’s projected disposable income is set forth.

Lanning