The South Carolina Bankruptcy Means Test To apply the means test first the Charleston bankruptcy court will look at your average income for the past 6 months. If you fall under the South Carolina Median Income you are elgible to proceed with Chapter 7. As your bankruptcy lawyer I will help determine if you qualify. If you are over the South Carolina Median Income you may still be elgible for a Chapter 7 Bankruptcy however things are a little more complicated and now your attorney has some work to do. In a Chapter 7, the Bankruptcy Code requires me, as your lawyer, to apply the means test to determine whether or not your filing of a chapter 7 bankruptcy is presumptively abusive. Abuse is determined by looking at the difference between your current monthly income and your allowable monthly expenses, and by determining the amount of your non-priority unsecured debt. It is a complicated process, and that is why you should seek the help of an experienced bankruptcy attorney to assist you. You can rebut the presumption of abuse by showing special circumstances that might justify extra expenses, such as showing you are responsible for the support of a child in a public college, or by showing a need for adjusting your monthly income downward.