Chapter 7 Means Test Worksheet - Delaware

PREPARATION GUIDE — NOT THE OFFICIAL COURT FORM

Chapter 7 filings require Official Forms 122A-1, 122A-1Supp, and 122A-2 (Fed. R. Bankr. P. 9009). Use this worksheet to organize your calculations, then transfer the results to the official forms or your court's e-filing system. Official forms: https://www.uscourts.gov/forms/bankruptcy-forms. Do not file this worksheet with the court.

CHAPTER 7 MEANS TEST WORKSHEET — DELAWARE

UNITED STATES BANKRUPTCY COURT

DISTRICT OF DELAWARE

PART 1: FILING STATUS, MARITAL STATUS & EXCLUSIONS

Section A: Marital / Filing Status

☐ Not married
☐ Married, filing jointly
☐ Married, filing individually — spouse's income reported (see Part 2)
☐ Married, living separately or legally separated — see marital adjustment

Section B: Means Test Exclusions

If any box below applies, the means test calculation may not be required. Complete Official Form 122A-1Supp.

☐ Debts are NOT primarily consumer debts — 11 U.S.C. § 707(b)(1). If business/non-consumer debts exceed 50% of total debt by dollar amount, the means test does not apply.
☐ Disabled veteran exclusion — 11 U.S.C. § 707(b)(2)(D)(i). Debtor is a disabled veteran (as defined in 38 U.S.C. § 3741(1)) whose indebtedness occurred primarily during active duty or while performing a homeland defense activity.
☐ Reservist / National Guard exclusion — 11 U.S.C. § 707(b)(2)(D)(ii). Debtor was a member of the Reserves or National Guard called to active duty (after Sept. 11, 2001) for at least 90 days; presumption does not apply during active duty plus 540 days thereafter.

☐ No exclusion applies — complete the full worksheet.

PART 2: CURRENT MONTHLY INCOME (CMI) — 6-MONTH LOOKBACK

Lookback period: From [__/__/____] to [__/__/____] (six full calendar months ending the last day of the month before filing)

Section A: Debtor 1 Income

Section B: Debtor 2 / Spouse Income

Section C: Statutory Income Exclusions (do NOT include)

☐ Social Security retirement benefits
☐ Social Security Disability Insurance (SSDI)
☐ Supplemental Security Income (SSI)
☐ Payments to victims of war crimes or crimes against humanity
☐ Payments to victims of international or domestic terrorism

Section D: CMI Computation

PART 3: ANNUALIZED CMI vs. DELAWARE MEDIAN FAMILY INCOME

Section A: Household Size

Section B: Delaware Median Family Income (fillable — verify current figures)

Verify the current Delaware figure at https://www.justice.gov/ust/means-testing for the table in effect on your petition date.

Section C: Median Income Comparison

DETERMINATION:

☐ Annualized CMI is AT OR BELOW the DE median → Presumption of abuse does NOT arise. Complete Official Form 122A-1 only; do not complete Form 122A-2. You may proceed with Chapter 7.

☐ Annualized CMI is ABOVE the DE median → Complete Part 4 and Official Form 122A-2 (full means test calculation).

PART 4: DEDUCTIONS FROM INCOME (Form 122A-2)

Section A: IRS National Standards — Food, Clothing & Other Items

Section B: IRS Local Standards — Housing & Utilities (by DE county)

County of residence (☐ New Castle ☐ Kent ☐ Sussex): [________________________________]

Section C: IRS Local Standards — Transportation

Section D: Other Necessary Expenses

Section E: Secured Debt Payments

Formula: (total of all amounts contractually due over 60 months after filing) ÷ 60. Secured debt deduction: $[____]

Section F: Priority Debt Payments

PART 5: MONTHLY DISPOSABLE INCOME & § 707(b)(2) PRESUMPTION

Section A: Disposable Income

Section B: 60-Month Projection & Thresholds

FINAL DETERMINATION:

☐ 60-month disposable income is BELOW the lower threshold → No presumption of abuse. Eligible for Chapter 7.
☐ 60-month disposable income is AT OR ABOVE the upper threshold → Presumption of abuse ARISES.
☐ Between thresholds AND ≥ 25% of nonpriority unsecured debt → Presumption of abuse ARISES.
☐ Between thresholds AND < 25% of nonpriority unsecured debt → No presumption of abuse.

If the presumption arises, it may be rebutted only by documented special circumstances under 11 U.S.C. § 707(b)(2)(B).

PART 6: VERIFICATION & SIGNATURE

I declare under penalty of perjury that the information in this worksheet is true and correct to the best of my knowledge, information, and belief.

Debtor 1 Signature: _________________________________ Date: [__/__/____]

Debtor 2 Signature: _________________________________ Date: [__/__/____]

Attorney Signature: _________________________________ Date: [__/__/____]

Attorney Name (print): _________________________________ Bar No.: [____]

DELAWARE PRACTICE NOTES

• Bankruptcy district. Delaware is a single federal judicial district — the United States Bankruptcy Court for the District of Delaware, covering the entire state (New Castle, Kent, and Sussex counties), with the court located in Wilmington. The district is one of the busiest corporate Chapter 11 venues in the country, but individual consumer Chapter 7 cases proceed under the same means-test framework.
• Median income figures. Use the Delaware median family income figure in effect on the petition date. The U.S. Trustee Program updates Census-based median income roughly every six months and applies a CPI adjustment early each year. Confirm at https://www.justice.gov/ust/means-testing.
• IRS Standards. Local Standards (housing & utilities by Delaware county; transportation by region) are reproduced on the U.S. Trustee site. New Castle County (Wilmington metro) typically carries higher housing standards than Kent or Sussex. Use the version in effect for the petition date.
• Filing fee. The Chapter 7 filing fee is set under 28 U.S.C. § 1930; verify the current amount and any fee-waiver/installment options with the clerk.
• Local rules. The District of Delaware maintains local rules and standing orders; review them for consumer-case procedures and required documents.

SOURCES AND REFERENCES

• 11 U.S.C. § 707(b)(2) — Means test and presumption of abuse: https://www.law.cornell.edu/uscode/text/11/707
• 11 U.S.C. § 101(10A) — Current monthly income definition: https://www.law.cornell.edu/uscode/text/11/101
• U.S. Trustee Program — Means Testing (Census median income & IRS standards): https://www.justice.gov/ust/means-testing
• Official Form 122A-1 / 122A-1Supp / 122A-2: https://www.uscourts.gov/forms/bankruptcy-forms
• U.S. Bankruptcy Court, District of Delaware: https://www.deb.uscourts.gov

This worksheet assists in completing Official Bankruptcy Forms 122A-1 and 122A-2. Always verify current median income figures and expense standards from the U.S. Trustee Program before filing. Not a substitute for legal advice.