Simple English definitions for legal terms
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Current monthly income: The amount of money a person earns on average each month from all sources in the six months before filing for bankruptcy. This determines if they are eligible for Chapter 7 bankruptcy, which requires their income to be below the state median or pass a test. However, this method may not be accurate if a person's income has recently decreased significantly.
Definition: Current monthly income (CMI) is the average income a person receives from all sources in the six months before filing for bankruptcy. It is used to determine a person's eligibility for Chapter 7 bankruptcy, which requires their CMI to be below the state median or pass a multi-factored test. However, this method of calculation can be misleading if a person's income has significantly decreased in the prior months.
The examples illustrate how CMI is used to determine a person's eligibility for Chapter 7 bankruptcy. John's CMI is below the state median, so he is eligible. Sarah's CMI is above the state median, but she fails the multi-factored test, so she is not eligible. Mike's CMI was high before he lost his job, but his current income is much lower. However, his CMI is still calculated based on his previous income, which may unfairly disqualify him from Chapter 7 bankruptcy.