Chapter 7 Statement of Monthly Income (122A-1)/Exemption from Presumption of Abuse (122A-1Supp)

Effective Date:  July 29, 2016    Supersedes:  January 23, 2015, December 1, 2015

Use this event to file the Statement of Monthly Income (122A-1) and the Statement of Exemption from Presumption of Abuse (122A-1Supp).

This event must be docketed as a separate event and not as part of the petition packet.  Individual Chapter 7 debtors/joint debtors with consumer debt are required to file the Statement of Monthly Income Form (122A-1).

The Statement of Exemption from Presumption of Abuse (122A-1Supp) is required only if applicable.

Keystrokes

1.  Select Bankruptcy menu.

2.  Select Other/Misc.

3.  Enter case number.

4.  Ensure the case name and number match the document you are filing.

5.  Select Docket Event:  Chapter 7 Statement of Monthly Income (122A-1)/Exemption from Presumption of Abuse (122A-1Supp).

6.  Check the check box if joint filing with attorney(s)

7.  Select Party filer.

8.  Browse and select document (PDF file) or scan document.

9.  Select “no” or “yes” to the question “Do you believe that you are exempted from a presumption of abuse because you have primarily business debt OR qualifying military service?”

If…

Then…

Yes

  • A message appears stating “You must complete both Form 122A-1 AND Form 122A-1Supp.

  • Go to Keystroke Step 10.

No

  • Select the Presumption of Abuse from the drop down list.

  • Enter the total Current Monthly Income from Line 11 of Form 122A-1.

  • Go to Keystroke 12.

10. Select the Reason for the Means Test Exemption: 

If you select…

Then…

Military/Homeland Security Service

Go to Keystroke Step 11.

Primarily Non-Consumer Debt

  • Select the Presumption of Abuse from the drop down list.

  • Go to Keystroke Step 12

11. Select "No" or "Yes" to the question: "Are you a Disabled Vet?" and click Next.

If …

Then…

Yes

Select "Yes" or "No" to the question "Did you incur debts mostly while you were on active duty or while you were performing a homeland defense activity?"

 

If…

Then…

 

Yes

You are instructed to submit the Supplement with the signed Form 122A-1.

Go to Step 12.

 

No

Select "Yes" or "No" to the question "Are you or have you been a reservist or member of the National Guard?"

If Yes to the question "Are you or have you been a reservist or member of the National Guard?":

Select "Yes" or "No" to the question "Were you called to active duty or did you perform a homeland defense activity?"

If Yes, select “Yes” or “No” to the question “Are you Currently on Active Duty or Currently Performing a Homeland Defense Activity?”

If Yes to the question “Are you Currently on Active Duty or Currently Performing a Homeland Defense Activity,” go to Step 12.

If No to the question “Are you Currently on Active Duty or Currently Performing a Homeland Defense Activity,”,

  • Enter the date released from active duty.

  • System provides the end date of the temporary exclusion.

  • Go to Step 13.

If No to the question "Were you called to active duty or did you perform a homeland defense activity?" you are instructed not to submit the Supplement.  Go to Step 12.

If No to the question "Are you or have you been a reservist or member of the National Guard?" you are instructed not to submit the Supplement.  Go to Step 12.

No

Select "Yes" or "No" to the question "Are you or have you been a reservist or member of the National Guard?”

 

If…

Then…

 

Yes

Select "Yes" or "No" to the question "Were you called to active duty or did you perform a homeland defense activity?"

If Yes, select “Yes” or “No” to the question “Are you Currently on Active Duty or Currently Performing a Homeland Defense Activity?”

If Yes to the question “Are you Currently on Active Duty or Currently Performing a Homeland Defense Activity,” go to Step 12.

If No to the question “Are you Currently on Active Duty or Currently Performing a Homeland Defense Activity,”,

  • Enter the date released from active duty.

  • System provides the end date of the temporary exclusion.

  • Go to Step 12.

If No to the question "Were you called to active duty or did you perform a homeland defense activity?" you are instructed not to submit the Supplement.  Go to Step 12.

 

No

You are instructed not to submit the Supplement.  Go to Step 12.

12. Select “Amended” from the drop down list if Amended Chapter 7 Statement of Monthly Income (122A-1)/Exemption from Presumption of Abuse (122A-1Supp).

13. Verify final docket text before submitted onto case docket.

14. Review the Notice of Electronic Filing.  It is your receipt.