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Means Test We Take the Time to Listen

Means Test Attorney in Charlotte, NC

A Decade of Bankruptcy Experience, Working One-on-One With Charlotte Clients

The means test is the first step in determining whether you can file for Chapter 7 bankruptcy or whether Chapter 13 is the right path for your situation. For Charlotte residents, those filings go through the U.S. Bankruptcy Court for the Western District of North Carolina, Charlotte Division. I’m Attorney Kimberly Sheek, and with more than a decade of bankruptcy law practice, I help clients understand exactly where they stand before a single document is filed.

If you’re unsure whether you qualify for Chapter 7, don’t guess. Call (704) 842-9776 today to schedule your free consultation with Law Office of Kimberly A. Sheek.

How the Means Test Works

Congress added the means test to the Bankruptcy Code in 2005 through the Bankruptcy Abuse Prevention and Consumer Protection Act, commonly called BAPCPA. Its purpose is to ensure that filers who can afford to repay a meaningful portion of their debt do so under Chapter 13 rather than receiving a full discharge through Chapter 7. The test applies when the majority of your debt is consumer debt rather than business or non-consumer debt.

Part 1: Comparing Your Income to North Carolina’s Median

Part 1 calculates your current monthly income by averaging your gross income over the six calendar months before your filing date, then multiplying by twelve to produce an annualized figure. That number is compared to North Carolina’s median family income for a household your size. If your annualized income falls at or below the median, you may be eligible for Chapter 7, and Part 2 doesn’t apply.

Part 2: Calculating Disposable Income

If your income exceeds North Carolina’s median, Part 2 subtracts allowable monthly expenses from your current monthly income to calculate disposable income. Those deductions follow IRS National Standards for categories like food and clothing and IRS Local Standards for housing and transportation costs specific to Mecklenburg County. What remains after those deductions helps determine whether a Chapter 7 filing would be presumed abusive under the Bankruptcy Code.

Working With Me on Your Case

I give every client the same level of individualized attention, whether they’re a corporate executive or a blue-collar worker navigating a difficult financial stretch. Once I have all the documents I need, I build a case strategy tailored to your specific income, household size, and debt profile. Generic answers don’t hold up in court, so I don’t offer them.

My approach starts with negotiation and honest counsel. I’ll tell you directly whether bankruptcy serves your interests or whether another path makes more sense. When litigation is unavoidable, I’m prepared to represent you aggressively. That combination of candor and courtroom readiness is part of why I was selected for the Super Lawyers Rising Stars list in both 2013 and 2016, an honor extended to just 2.5 percent of North Carolina attorneys.

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    About Attorney Kimberly Sheek

    I have practiced bankruptcy law in Charlotte for more than a decade. Beyond individual client work, I’m a published author and have spoken at bankruptcy seminars, which keeps my practice current with the procedural and legal developments that affect filings in the Western District of North Carolina. I work one-on-one with clients from the first consultation through the close of the case. You won’t be handed off to a paralegal or a junior associate when questions come up.

    Schedule Your Free Consultation

    Your initial consultation is free, and I can give you a straightforward assessment of where you stand under North Carolina’s current income thresholds. Call (704) 842-9776 to set up your free consultation today.

    How Is the Law Office of Kimberly A. Sheek

    the Right Choice for You?
    • Fast Results
    • Over a Decade of Legal Experience
    • Published Author & Speaker at Bankruptcy Seminars
    • Attorney Who Works One-on-One With You

    Get In Touch

    By Calling (704) 842-9776 Or Filling Out The Form Below
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    • "Thank You For Your Support!"
      Kim and Team have done a great job over the past few years helping me navigate this financial disaster brought on by divorce. They always kept me informed throughout the process and Carol kept me on track with my classes. Kim is very straight forward and was always responsive to my emails. Cause, I have 20 questions! Thanks Kim for helping me make some very important life decisions the past few months 2022! Who knew? If you had told me last year I'd be debt free, sold my house and a 680 credit score, i wouldn't believe it. Thanks to you I've landed on my feet. There is life after Chapter 13.
      K Davis
      Charlotte, NC
    • "Kim did a Great job with my case!!!"
      Kim was Fantastic in assisting me with my bankruptcy case. I suffered a pulmonary embolism back in 2019 and deal with mild/moderate memory & retention issues and Kim was so incredibly understanding, helpful and considerate of my condition while assisting me through the emotionally challenging process of filing for bankruptcy. I am extremely grateful I found Kim and had her successfully guide me through this process. I Highly Recommend Kim to anyone having to file for bankruptcy. You will be so very glad you did!
      BSF
      Locust, NC
    • "Amazing"
      Kimberly Sheek is an Amazing Attorney to work with. She is pleasant very patient and turn around time is awesome. She is passionate about her job and she makes you feel like she cares . She returns calls promptly If I ever need an Attorney she will be my first call.
      Richard Taylor
      Charlotte, NC
    • "Awesome Experience"
      Kimberly has truly been a pleasure to work with throughout my bankruptcy process. She is very sweet, patient, and honest. She truly made this process so much easier to deal with and she put my fears to rest. She always responds to calls and emails promptly and her turnaround time with my case was amazing! I highly recommend her if you’re in need of an attorney.
      Donna Clarke
      Charlotte, NC
    • "Of Course You Want The Best - Well Here She Is"
      My recent experience with Kimberly Sheek Law Office has been nothing but a positive one. I was very concerned about everything the bankruptcy process would entail. Mrs. Sheek was direct, detailed, always pleasant to speak with and always got back to me in a timely manner. She graciously walked me through every part of the process, clearly explaining my options, and clarified which steps I would need to take in order to cleanly go through with the legal proceedings. I highly recommend Mrs. Sheek to anyone in need of a Bankruptcy Attorney.
      Mary
      Huntersville, NC
    • "Great attorney. Excellent service."
      Kim is an outstanding attorney she's very thorough in her work and in explaining bankruptcy proceedings I'm most grateful to her for helping me work through this issue and getting it behind me.
      M. Williams
      Charlotte, NC
    • "NC"
      Kimberly A. Sheek is the best attorney ever! I was very nervous going into this bankruptcy procedure and had no idea what to expect. Kim assured me from day one that all would be well explained the procedures pretty much step by step to make sure I would be prepared. When I went to the creditors meeting, she came over and reassured me that I had nothing to worry about and she was right, as it took no more than 10 min at the most and went quite smoothly. I received my discharge papers right around the time she said I would. If you are looking for a qualified, smart, caring and educated BK Attorney, you cannot go wrong with Kim.
      Paulette B.
      Charlotte, NC
    • "Good Experience"
      I was looking for a bankruptcy attorney for my daughter. Being new to the area I began searching the internet for one. After narrowing down my search, I selected Attorney Kimberly. When we met with her for the first time I felt confident that we had the right person. We were fearful going in but relaxed when we left. I really liked how she worked with my daughter, explaining how the different laws work so that my daughter had all of facts before making a decison. Even later when we had questions, Attorney Kimberly returned our calls or sent us an email. If you are looking for someone that will put your mind to rest, knowledgeable, friendly and concerned about YOU then I suggest you hire Attorney Kimberly Sheek.
      A. Thomas
      Charlotte, NC

    Hear From Our Happy Clients

    At Law Office of Kimberly A. Sheek, your satisfaction is our priority! See for yourself what our clients have to say about working with us.

      "Thank You For Your Support!"
      Kim and Team have done a great job over the past few years helping me navigate this financial disaster brought on by divorce. They always kept me informed throughout the process and Carol kept me on track with my classes. Kim is very straight forward and was always responsive to my emails. Cause, I have 20 questions! Thanks Kim for helping me make some very important life decisions the past few months 2022! Who knew? If you had told me last year I'd be debt free, sold my house and a 680 credit score, i wouldn't believe it. Thanks to you I've landed on my feet. There is life after Chapter 13.
      K Davis
      Charlotte, NC
      "Kim did a Great job with my case!!!"
      Kim was Fantastic in assisting me with my bankruptcy case. I suffered a pulmonary embolism back in 2019 and deal with mild/moderate memory & retention issues and Kim was so incredibly understanding, helpful and considerate of my condition while assisting me through the emotionally challenging process of filing for bankruptcy. I am extremely grateful I found Kim and had her successfully guide me through this process. I Highly Recommend Kim to anyone having to file for bankruptcy. You will be so very glad you did!
      BSF
      Locust, NC
      "Amazing"
      Kimberly Sheek is an Amazing Attorney to work with. She is pleasant very patient and turn around time is awesome. She is passionate about her job and she makes you feel like she cares . She returns calls promptly If I ever need an Attorney she will be my first call.
      Richard Taylor
      Charlotte, NC
      "Awesome Experience"
      Kimberly has truly been a pleasure to work with throughout my bankruptcy process. She is very sweet, patient, and honest. She truly made this process so much easier to deal with and she put my fears to rest. She always responds to calls and emails promptly and her turnaround time with my case was amazing! I highly recommend her if you’re in need of an attorney.
      Donna Clarke
      Charlotte, NC
      "Of Course You Want The Best - Well Here She Is"
      My recent experience with Kimberly Sheek Law Office has been nothing but a positive one. I was very concerned about everything the bankruptcy process would entail. Mrs. Sheek was direct, detailed, always pleasant to speak with and always got back to me in a timely manner. She graciously walked me through every part of the process, clearly explaining my options, and clarified which steps I would need to take in order to cleanly go through with the legal proceedings. I highly recommend Mrs. Sheek to anyone in need of a Bankruptcy Attorney.
      Mary
      Huntersville, NC
      "Great attorney. Excellent service."
      Kim is an outstanding attorney she's very thorough in her work and in explaining bankruptcy proceedings I'm most grateful to her for helping me work through this issue and getting it behind me.
      M. Williams
      Charlotte, NC
      "NC"
      Kimberly A. Sheek is the best attorney ever! I was very nervous going into this bankruptcy procedure and had no idea what to expect. Kim assured me from day one that all would be well explained the procedures pretty much step by step to make sure I would be prepared. When I went to the creditors meeting, she came over and reassured me that I had nothing to worry about and she was right, as it took no more than 10 min at the most and went quite smoothly. I received my discharge papers right around the time she said I would. If you are looking for a qualified, smart, caring and educated BK Attorney, you cannot go wrong with Kim.
      Paulette B.
      Charlotte, NC
      "Good Experience"
      I was looking for a bankruptcy attorney for my daughter. Being new to the area I began searching the internet for one. After narrowing down my search, I selected Attorney Kimberly. When we met with her for the first time I felt confident that we had the right person. We were fearful going in but relaxed when we left. I really liked how she worked with my daughter, explaining how the different laws work so that my daughter had all of facts before making a decison. Even later when we had questions, Attorney Kimberly returned our calls or sent us an email. If you are looking for someone that will put your mind to rest, knowledgeable, friendly and concerned about YOU then I suggest you hire Attorney Kimberly Sheek.
      A. Thomas
      Charlotte, NC