Almost every bankruptcy caller wants to know the same thing. "Do I qualify?" They've seen an ad, read something online about a means test, and they're scared the answer is no.
Intake can't answer that question. But intake can collect the facts the attorney needs to answer it quickly, which is the next best thing. Here's how to screen for the means test without crossing into advice.
What the means test is, in plain terms
The means test is the part of the Bankruptcy Code that looks at whether a person's income is low enough to file Chapter 7, or whether they may need to look at Chapter 13 instead. It generally applies to people whose debts are mostly consumer debts.
The first step compares the household's income to the median income for a household of the same size in the same state. Those median figures come from Census Bureau data, and the U.S. Trustee Program publishes them on its means testing page. They're updated periodically, and the right figures depend on when the case is filed.
That's why we don't put dollar thresholds in this post, and why your intake script shouldn't either. A number someone memorized six months ago can be wrong today, and it can be wrong for the caller's state or household size even if it was right for someone else's.
If income is above the median, there's a longer calculation with allowed expenses. That part belongs entirely to the attorney, along with the broader choice of chapter. We cover the intake side of that choice in Chapter 7 vs. Chapter 13 intake questions.
The three things intake should gather
You don't need a financial questionnaire on the first call. You need three inputs, gathered cleanly.
1. State of residence
"What state do you live in, and how long have you lived there?"
The state sets which median figures apply. How long they've lived there can matter for other parts of the case too, so it's worth asking now.
2. Household size
"Who lives in your household? Just a rough list is fine. Adults, kids, anyone else you support."
Household size isn't always as simple as counting heads, and the attorney will sort out who counts. Intake should just get the list, including anyone who comes and goes, like a child who's there part of the week.
3. Gross income over the last six months
The means test looks at average income over the six full calendar months before filing. So ask about income across that whole stretch, not just the most recent paycheck.
"Thinking back over the last six months, what has your income looked like before taxes? Has it been steady, or has it gone up or down?"
Then prompt for the sources people forget:
- Overtime, bonuses or commissions.
- A second job or side work.
- Unemployment or disability payments.
- Child support or alimony they receive.
- Rental income.
- Regular help from family toward household bills.
- Business income if they're self-employed.
Some income types are treated differently in the calculation. Intake doesn't need to know which. Capture everything and let the attorney sort it.
Don't forget the spouse
If the caller is married, ask about the spouse's income even if the spouse isn't planning to file.
"Are you married? If so, does your spouse work, and roughly what do they bring in?"
How a non-filing spouse's income counts depends on the situation, and the attorney will handle it. What intake can't do is leave it out. A means test screen without spouse income can look very different from the real one.
Ask whether the debt is mostly consumer debt
Because the means test generally applies to consumer debt, it helps to know what kind of debt the caller has.
"What kinds of debt are you dealing with? Credit cards, medical bills, a car loan, a business loan, taxes?"
If most of the debt came from a business the caller ran, flag it. The attorney may take a different path. We cover the broader debt picture in collecting debt information by phone and SMS.
What intake should never say
This is where most firms get into trouble. The caller asks, "So do I qualify for Chapter 7?" and a well-meaning staffer says "Sounds like it." Or worse, "Probably not."
Both answers are legal advice. Both can be wrong. And a "probably not" can send someone away who would have qualified.
Use something like this instead:
"I can't tell you whether you qualify. That depends on a few things the attorney looks at, including how your income compares to the figures for your state and household size. What I can do is get the attorney the information so you get a real answer at your consult."
If they push:
"I get it. You want to know before you come in. Honestly, the attorney answers that question at almost every consult, and it's usually the first thing they cover."
Record it so the attorney can use it
Means test details are useless in a paragraph of notes. Put them in fields:
| Field | Example | |---|---| | State | Ohio | | Years in state | 4 | | Household members | Caller, spouse, two kids (one part-time) | | Caller gross monthly income, typical | Example only: $3,000 | | Income changes in last 6 months | Overtime ended in May | | Spouse employed | Yes, part time | | Other income | Child support received | | Debt type | Mostly credit cards and medical |
The dollar figure above is just an example of the format. The point is that an attorney can glance at this and know roughly where to start before the consult.
Ask for documents, gently
Ask the caller to bring or send pay stubs and other income records covering the last six months, plus any benefit letters. Many callers won't have all of it on hand. That's fine. Ask for what they have and let the attorney follow up on the rest.
A text after the call with a short document list works better than reading it over the phone. Keep personal identifiers and full account numbers out of text messages, and use your firm's secure upload method for the documents themselves.
Where IntakeGenius fits
The IntakeGenius AI voice agent runs your bankruptcy intake questions on every call, day or night, including state, household size and six months of income, and it's set up to tell callers the attorney answers the qualification question. IntakeCRM keeps those answers with the lead so the attorney sees them before the consult. We configure the question set with your team.
Curious how it would handle a "Do I qualify?" caller? Let's do a 15-minute demo, no slides. More on our bankruptcy setup.