πŸ“… 2026 Update: Changes in Bankruptcy Filings and Regulations

Since the original article was published, there have been several notable changes in bankruptcy law and procedures. These updates are important for anyone considering bankruptcy or using a means test calculator. The earlier article continues further down the page, providing foundational information on bankruptcy.

πŸ“ˆ Bankruptcy Filings on the Rise

In the year ending March 31, 2026, bankruptcy filings increased by 11.9%, totaling 591,850 cases. This marks a significant jump from the 529,080 cases reported in the previous year. Among these, 369,702 were Chapter 7 cases, 9,941 were Chapter 11 cases, and 211,700 were Chapter 13 cases.

This trend shows a growing need for individuals to seek financial relief.

πŸ›οΈ Changes from the Bankruptcy Administration Improvement Act (BAIA) 2025

The Bankruptcy Administration Improvement Act (BAIA) 2025 was signed into law on February 6, 2026. This act removed certain sections of the Bankruptcy Code, including provisions affecting Chapter 7 trustee payments. The removal of these sections aims to streamline the bankruptcy process.

πŸ’° Increased Compensation for Chapter 7 Trustees

Starting October 1, 2026, compensation for Chapter 7 trustees increased to $120 per case due to BAIA 2025. This change reflects the ongoing adjustments within the bankruptcy system to ensure fair compensation for those managing these cases.

πŸ”„ Upcoming Changes to Bankruptcy Rules and Forms

Amendments to the Federal Rules of Bankruptcy Procedure and changes to Official Bankruptcy Forms are set to take effect on December 1, 2026. These updates may impact how debtors prepare and submit their bankruptcy filings. Keeping abreast of these changes is essential for those navigating bankruptcy.

πŸ“Œ Key Takeaways

  • πŸ“ˆ Bankruptcy filings rose by 11.9% in one year.
  • πŸ›οΈ BAIA 2025 removed sections of the Bankruptcy Code.
  • πŸ’° Chapter 7 trustee compensation increased to $120 per case.
  • πŸ”„ Amendments to bankruptcy rules and forms are coming in December 2026.

πŸ’‘ Tips for Using a Means Test Calculator

Review the details of your own situation with your attorney. Understanding your unique circumstances is crucial when considering bankruptcy.

πŸ“ Understand the Means Test

The means test helps determine eligibility for Chapter 7 bankruptcy. It compares your income to the median income in your state. Knowing how this test works is key to understanding your options.

πŸ“… Complete Credit Counseling

Debtors must complete a credit counseling course within 180 days before filing. This requirement ensures that you explore all possible alternatives to bankruptcy.

πŸ“„ Gather Required Documents

Make sure to collect all necessary paperwork before filing. This includes income statements, debts, and expenses. Having everything ready can speed up the filing process.

πŸ’³ Know Your Payment Options

Filing fees can be paid through various methods, including money orders and electronic payments. Understanding these options can help you manage costs effectively.

πŸ“… Schedule Timely Payments

If you apply for a fee waiver under Chapter 7, be mindful of deadlines. The final installment payment is due no later than 120 days after your petition is filed.

πŸ“‘ Use Available Resources

Consider utilizing free resources, such as authorized credit counseling agencies. They can provide valuable guidance during your bankruptcy process.

πŸ† Free Options Ranked by User Reviews (2026)

No national paid service in this area met the review threshold, so this section lists free government and nonprofit resources available for those seeking help with bankruptcy and credit counseling.

πŸ₯‡ 1. Credit Counseling Agencies

These agencies are authorized to provide credit counseling services. They help individuals understand their financial situation and explore options to manage debt. You can find a list of approved agencies through the court's website.

πŸ₯ˆ 2. U.S. Courts Website

The U.S. Courts website offers general information about bankruptcy, including the basics and procedures. It serves as a valuable resource for individuals seeking information on their rights and responsibilities during bankruptcy.

πŸ₯‰ 3. Clerk’s Office

The Clerk’s Office can provide details on required forms and filing procedures. They also assist individuals with questions regarding the bankruptcy process. Visiting the Clerk's Office can clarify any uncertainties.

4️⃣ Bankruptcy Basics Resource

This resource provides comprehensive information about the bankruptcy process. It covers various chapters of bankruptcy and the requirements for each. Understanding these basics can significantly aid those considering bankruptcy.

5️⃣ Authorized Credit Counseling Resources

These resources include a list of agencies that offer free or low-cost credit counseling. They help individuals develop budgets and create plans to manage debt effectively. Accessing these resources can be beneficial for financial recovery.

πŸ”Ž What to Check Before Paying for Help

  • πŸ’΅ Ensure the service is free or low-cost.
  • πŸ“ Verify the organization is a nonprofit.
  • πŸ“ž Confirm they are authorized by the court.
  • 🌐 Look for reviews or ratings from other users.

❓ Frequently Asked Questions

❓ What is the means test in bankruptcy?

The means test determines if an individual qualifies for Chapter 7 bankruptcy. It assesses your income against the median income level in your state.

πŸ•’ How long do I have to file after credit counseling?

You must file for bankruptcy within 180 days after completing your credit counseling course. Failing to do so may require you to retake the course.

πŸ“„ What happens if I don’t provide photo ID when filing?

If you do not present a photo ID during filing, you must complete an Acknowledgement of Photo ID Requirement form. This requirement is crucial to proceed with your bankruptcy case.

πŸ’° Can I apply for a fee waiver for Chapter 7?

Yes, if your income is less than 150% of the official poverty line, you can apply for a fee waiver. This can help reduce the financial burden of filing.

πŸ“… Are there any changes in bankruptcy filing fees?

Yes, the Clerk's Summary of Fees for bankruptcy filings was updated on June 1, 2026. It is important to check the latest fees before filing.

πŸ”„ What is the impact of BAIA 2025 on bankruptcy?

BAIA 2025 removed certain provisions from the Bankruptcy Code, impacting Chapter 7 trustee payments. This act aims to streamline the bankruptcy process and address compensation fairly.

βš–οΈ Recent Cases Related to Bankruptcy

Recent court rulings reflect ongoing changes and interpretations of bankruptcy law, impacting how cases are handled and the rights of debtors.

For more recent rulings, you can browse more rulings on the news page.

End of October 2026 Update





The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005

As with a bankruptcy debt calculator/bankruptcy filing software, a means test calculator is based on the precepts of bankruptcy law as codified in Federal statute. Quite literally, it is a translation of the language of Section 707 of the Bankruptcy Code.         

As for what exactly a means test calculator factors in, it is based on the litany of conditions contained within the written law itself. One of the first things taken into account by the software/online interface is whether or not a person or family is exempt from the means test in the first place. For service members who were injured and disabled while on active duty, or for people with primarily business-related debts, they do not need to worry about the means test.

If the means test calculator does determine that an applicant party's relationship to the aforementioned median income threshold or their Current Monthly Income may be grounds for a presumption of abuse, however, then more focused scrutiny in the form of the actual means test will be needed. At this stage in the calculation process, disposable income must be identified to see if this can be used to repay what the debtors owe, and by extension, whether or not they qualify for Chapter 7 bankruptcy despite their income level.