In short
Form 122C-1 does for Chapter 13 what Form 122A-1 does for Chapter 7. It averages income over the six full calendar months before filing and compares the yearly figure with the state median for the household’s size.
Here the comparison doesn’t decide whether someone can file. It decides two things about the plan: how disposable income gets measured, and the commitment period. Below the median, the commitment period is 3 years. At or above it, 5 years.
Who files it
Every individual filing under Chapter 13.
What it asks
Part 1: Calculate Your Average Monthly Income
Marital status, then six-month averages for each kind of income, with a second column for a spouse.
Part 2: Determine How to Measure Your Deductions from Income
The yearly income figure against the state median. Above the median, disposable income is determined under 11 U.S.C. § 1325(b)(3) and Form 122C-2 is required.
Part 3: Calculate Your Commitment Period Under 11 U.S.C. § 1325(b)(4)
The same comparison, after an adjustment for a non-filing spouse’s income, to arrive at 3 years or 5.
Part 4: Sign Below
A signature under penalty of perjury.
When it’s filed
It’s filed with the petition, or within 14 days after it. That’s the deadline Bankruptcy Rule 1007(c) sets for the schedules and statements.
Related forms
- Chapter 13 Calculation of Your Disposable Income (Official Form 122C-2)
- Chapter 13 Plan (Official Form 113)
- Schedule I: Your Income (Official Form 106I)
The official form
Official Form 122C-1 is 4 pages long and is used in Chapter 13 only cases. This guide describes the 10/19 revision, the date printed beside the form’s title. The federal courts publish the form and replace it when it changes, so their page always has the current one.
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