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Current Monthly Income Compared to Median Family Income

The Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA) divides people into two classes for purposes of bankruptcy filing eligibility based on current monthly income compared to their state's median family income. Just what does the 'Current monthly income' mean?


For purposes of the BAPCPA, 'current monthly income' is the average income per month over the last six months prior to filing the bankruptcy petition. This income includes income that would not otherwise be taxable. Furthermore, in the case of wages and other income, the gross amount is included, not the net amount from withholdings and other deductions. Amounts that are excluded from this calculation include Social Security benefits (and some other transfer payments like state unemployment insurance) and reparations for victims of terrorism and or war crimes. All other income is included, such as pension benefits, workers compensation, state disability insurance and federal unemployment compensation, to name a few.

Published on BankingQuestions.com 1/13/09