§707(b) Means Test Dismissal in New York

How 11 U.S.C. § 707(b) applies in New York — federal bankruptcy law, New York district data.

What §707(b) Means Test Dismissal Does

A Chapter 7 case can be dismissed (or converted to Chapter 13) if the court finds "abuse." The means test is a formula comparing your income to state medians. Above-median filers face a presumption of abuse unless they can rebut with itemized expense deductions.

Key points:

New York Bankruptcy Data (FJC)

127,960
Total filings
66.5%
Dismiss rate
40,064
Prior filers
15.7%
Prior discharge rate

Districts covered: N.D.N.Y., E.D.N.Y., S.D.N.Y., W.D.N.Y..

Apply This to Your Case

The rules above are federal — they apply identically in every state. What varies by state is exemptions (§522), median income thresholds (means test), and case-law interpretations of ambiguous terms. For a New York-specific answer, check the screener or consult a local attorney.

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Related New York Statutes

§707(b) Means Test Dismissal in Other States