Legal Question in Bankruptcy in California

Re: Social Security Disability income

SSI benefits are not considered for the purpose of the mean test, but you must list it as income in Schedule I. Regardless of the outcome of the means test analysis, having a substantial surplus of income could still impact your eligibility for a Chapter 7 discharge. Feel free to contact my me office for a consultation if you need further assistance.

Re: Social Security Disability income

You do not need to pass the "means test" unless your average income over the prior 12 months from all sources OTHER THAN Social Security exceeds the median for your family size. Social Security is not considered when calculating this Current Monthly Income (CMI); and if the result is under $3,700 per month (if you are single) you will likely qualify for Chapter 7 without taking the means test.