How to Fill Out U.S. Courts Form 122C-1 (w/Examples) + FAQs

Yes, you can complete Official Form 122C-1 on your own if you carefully follow the line-by-line instructions, gather six full months of income records, and compare your annualized current monthly income (CMI) to the U.S. Trustee Program median family income table for your state and household size. The form decides whether your Chapter 13 commitment period is 3 years (below median) or 5 years (above median), which directly controls how long you pay your creditors and how much of your debt may be discharged under 11 U.S.C. § 1325(b).

The form looks short, but every box ties back to a statute, a Census Bureau dataset, and a body of case law. Mistakes here can extend your repayment plan by 24 months, trigger a trustee objection, or even lead to dismissal under 11 U.S.C. § 1307. The Supreme Court’s rulings in Hamilton v. Lanning, 560 U.S. 505 (2010) and Ransom v. FIA Card Services, 562 U.S. 61 (2011) shape how trustees read your numbers, so accuracy matters from line 1.

According to the Administrative Office of the U.S. Courts, Chapter 13 filings rose roughly 14% in fiscal year 2025, with more than 210,000 cases filed nationwide, and the median test eliminated almost one-third of those debtors from a 3-year plan window.

Here is what you will learn in this guide:

• 📋 How to gather and report your six-month CMI without missing income types
• 📐 How to apply the median income test and choose the right commitment period
• 👨‍👩‍👧 How marital and household adjustments work for joint and separate filers
• ⚖️ How Lanning and Ransom shape trustee review of your form
• 🚫 The seven most common mistakes that get Form 122C-1 rejected or amended

What Form 122C-1 Is and Why It Exists

Official Form 122C-1 is the Chapter 13 Statement of Your Current Monthly Income and Calculation of Commitment Period. Congress created it through the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) to stop higher-income debtors from using short repayment plans to wipe out debts they could afford to pay. The form is filed with your petition or within 14 days under Federal Rule of Bankruptcy Procedure 1007(c), and failure to file it on time can lead to dismissal.

The form’s main job is to compute your current monthly income, multiply it by 12, and compare that number to the median family income for your state and household size. If your annualized CMI is at or below the median, your commitment period is 3 years under § 1325(b)(4)(A)(i). If it is above the median, the period is 5 years, and you must also file Form 122C-2 to compute disposable income.

The plain-English consequence is simple: a higher CMI usually means a longer plan and more money paid to unsecured creditors. The common misconception is that “current” means today’s income, but the Bankruptcy Code at § 101(10A) defines CMI as the average over the six full calendar months before the petition date. A debtor who was unemployed last week but earned big bonuses six months ago will still test as a high earner on this form.

The Statutory Framework Behind the Form

The governing statute for the commitment period is 11 U.S.C. § 1325(b), which ties the length of your plan and the treatment of your disposable income to the median income test. The CMI definition lives in § 101(10A), which is why the look-back window is fixed at six months. The procedural rule requiring the form is Rule 1007(b)(6), and the median income figures themselves come from the Census Bureau, republished by the U.S. Trustee Program every few months.

The consequence of ignoring the framework is severe: a Chapter 13 plan that does not satisfy § 1325(b) cannot be confirmed, and the case can be converted to Chapter 7 or dismissed. A real-world example: in In re Pak, 378 B.R. 257 (B.A.P. 9th Cir. 2007), the debtor’s miscalculation of CMI led to a denied confirmation. The misconception that “I can fix it later” is dangerous, because amendments after objection can trigger fees and delay discharge by months.

Who Must File Form 122C-1

Every individual Chapter 13 debtor must file Form 122C-1 unless they qualify for an exemption under Rule 1007(b)(7), such as disabled veterans whose debt was incurred during active duty. Joint filers (married couples filing together) must combine income, but each spouse’s income flows through specific lines depending on whether the non-filing spouse contributes to household expenses. Sole proprietors and self-employed debtors must include net business income from Schedule I, with an attached statement showing gross receipts minus ordinary operating expenses.

The consequence of skipping the filing is automatic: the U.S. Trustee will move to dismiss under § 1307. A common misconception is that retirees or Social Security recipients are exempt; they still must file the form, but Social Security is excluded from CMI under § 101(10A)(B), as confirmed in Baud v. Carroll, 634 F.3d 327 (6th Cir. 2011).

Gathering the Documents You Need Before You Start

Before touching the form, you need pay stubs, profit-and-loss statements, bank deposit records, and benefit award letters covering the six full calendar months before the petition month. If you file on May 14, 2026, your CMI window runs from November 1, 2025 through April 30, 2026, and the partial month of May is excluded. The Bankruptcy Code at § 101(10A) requires this fixed window, and trustees verify it against tax transcripts pulled through the IRS Get Transcript service.

The consequence of using the wrong window is that the trustee will recompute your CMI and may file a § 1325 objection. The misconception that “I’ll just average my last paycheck” leads to undercounting bonuses, commissions, and one-time inflows that should be in the average.

Income Documents Checklist

You should pull pay stubs, W-2s, and 1099s for every job worked during the six-month window, plus award letters for unemployment, pension, and rental income. Self-employed debtors should pull bank statements and a profit-and-loss statement showing gross income minus ordinary business expenses, since only net business income flows to Form 122C-1. The U.S. Trustee Program’s Means Testing page provides a documentation checklist that mirrors what most trustees demand at the § 341 meeting of creditors.

A real example: Maria Lopez, a delivery driver in San Antonio, ignored a $4,200 holiday bonus on her December stub and listed only her base pay. The trustee found the bonus on her bank statement, recomputed CMI upward, and pushed her into a 5-year plan. The misconception here is that one-time payments don’t count; they do, because § 101(10A) captures all income except listed exclusions.

Household Size Documentation

You also need proof of household size, which controls the median income column you compare against. The U.S. Trustee Program’s Census Bureau Median Family Income Table lists figures for households of 1, 2, 3, and 4, with an add-on of $9,900 per additional person as of the November 1, 2025 update. Documentation can include school records, dependents listed on your most recent IRS Form 1040, and lease agreements showing co-residents.

The consequence of overstating household size is a trustee objection that can result in the higher commitment period. The misconception that anyone living in the house counts is wrong; courts use either the economic unit test or the heads-on-beds test, and circuits split on which controls, as discussed in In re Robinson, 449 B.R. 473 (Bankr. E.D. Va. 2011).

Filling Out Form 122C-1 Line by Line

The form has three parts: marital/filing status, CMI calculation, and the median income comparison. Each part must be answered fully, even if the answer is zero, because blanks trigger trustee questions. The current revision of the form is available at the U.S. Courts Form 122C-1 page, and it is the only version trustees will accept.

Part 1: Calculate Your Average Monthly Income

Line 1 asks for your marital and filing status. You choose from four options: not married, married and filing jointly, married and filing separately with non-filing spouse contributing, or married and filing separately with non-filing spouse not contributing. The choice controls Column B in lines 2 through 11, because joint filers and contributing-spouse filers must report both spouses’ income.

Lines 2 through 10 ask for monthly averages of specific income types: gross wages, business income (net), rental income (net), interest and dividends, pension and retirement, unemployment compensation, other government assistance, regular contributions from others, and all other income. Each line should reflect the six-month average, not the most recent month. The consequence of misclassifying income (for example, listing rental gross instead of net) is a recalculation that can bump you above the median.

A real example: David Chen, a software contractor in Austin, listed his $9,000 monthly gross 1099 income on Line 2 instead of Line 3 net business income, which would have allowed him to deduct $3,200 in legitimate business expenses. The trustee corrected it, but only after objecting to plan confirmation, which delayed the case by 60 days. The misconception that “wages are wages” misses the statutory definition under § 101(10A), which treats business income separately.

Line 11 sums lines 2 through 10 to give your total current monthly income. This is the foundational number for the entire means test, and an error here cascades through every later calculation.

Part 2: Determine Whether the Means Test Applies

Line 12 asks you to multiply Line 11 by 12 to get your annualized current monthly income. Line 13 asks for the median family income for your state and household size as published by the U.S. Trustee Program. Line 14 compares the two: if Line 12 is less than or equal to Line 13, you check “The commitment period is 3 years” and you generally do not file Form 122C-2. If Line 12 is greater than Line 13, you check “The commitment period is 5 years” and you must complete Form 122C-2.

The consequence of choosing the wrong period is automatic objection. A real example: Janet Williams, a Florida nurse, mistakenly used the 2-person median when her household actually included three dependents, which would have qualified her for the lower commitment period. The misconception that “the form will catch the error” is wrong; you sign Form 122C-1 under penalty of perjury per 28 U.S.C. § 1746.

Part 3: Sign Below

Part 3 is your signature under penalty of perjury. The consequence of signing a false form is criminal liability under 18 U.S.C. § 152, which carries up to 5 years in federal prison and a fine. A common misconception is that “the lawyer signs for me,” but the debtor’s signature is required, and electronic signatures must follow your district’s local rules, often modeled on General Order CM/ECF procedures.

Worked Examples That Show the Form in Action

Three named scenarios make the form’s mechanics concrete. Each example uses 2026 median figures from the November 2025 USTP table, which apply to cases filed on or after November 1, 2025.

Example 1: Below-Median Single Filer

Carlos Rivera, a single warehouse worker in Phoenix, Arizona, earned $3,200 per month in gross wages over the six-month window with no other income. His annualized CMI is $38,400. The Arizona 1-person median for 2026 is roughly $63,800, so Carlos is below median, qualifies for a 3-year plan, and does not file Form 122C-2. He still must list every income type, even if zero, to avoid blanks.

Example 2: Above-Median Joint Filers

Lisa and Mark Patel, a married couple in Newark, New Jersey, with two children, earned a combined $10,500 per month in gross wages plus $400 monthly rental income net. Their annualized CMI is $130,800. The New Jersey 4-person median for 2026 is approximately $128,200, so the Patels are above median by $2,600, must check the 5-year box, and must file Form 122C-2 to compute disposable income.

Example 3: Self-Employed Debtor With Variable Income

Elena Morales, a freelance graphic designer in Denver, Colorado, had gross 1099 receipts of $72,000 over six months but ordinary business expenses of $24,000, leaving net business income of $48,000, or $8,000 monthly. Her annualized CMI is $96,000. The Colorado 1-person median for 2026 is roughly $77,500, putting Elena above median. Under Lanning, she may argue a “forward-looking” approach if her income has materially declined, but the form itself uses the historical six-month average.

Three Most Common Filing Scenarios

Filing Scenario	Form 122C-1 Outcome
Single filer, CMI below state median for household size	Check 3-year commitment period; skip Form 122C-2 unless trustee requests
Married joint filers, combined CMI above median	Check 5-year period; file Form 122C-2 to compute disposable income
Married filing separately with non-contributing spouse	Report only debtor’s income; complete marital adjustment on Line 13 of Form 122C-2

Mistakes to Avoid When Filling Out Form 122C-1

Trustees see the same errors repeatedly. Each one below carries a real consequence and is fixable if caught before filing.

• Wrong CMI window. Using the petition month or last 30 days instead of the six full calendar months before petition violates § 101(10A) and forces an amendment.
• Excluding bonuses or one-time payments. Trustees pull bank statements and find them, which usually pushes you above median.
• Reporting gross business income instead of net. Line 3 requires net; gross numbers inflate CMI and trigger objections.
• Using stale median income figures. The USTP updates the table periodically; using outdated numbers can flip your commitment period.
• Misstating household size. Counting roommates who are not economic dependents can overstate the median column.
• Including Social Security in CMI. § 101(10A)(B) excludes Social Security; including it overstates income.
• Ignoring the non-filing spouse’s income on Line 11. When the spouse contributes to household expenses, the contribution is reportable.
• Forgetting to sign under penalty of perjury. An unsigned form is a non-filing, and the case can be dismissed.
• Failing to file within 14 days under Rule 1007(c). Late filing triggers automatic dismissal motions.

Key Court Rulings That Shape Form 122C-1

The Supreme Court’s two leading cases on Chapter 13 income calculation are Lanning and Ransom, and both touch Form 122C-1.

In Hamilton v. Lanning, 560 U.S. 505 (2010), the Court adopted a forward-looking approach to projected disposable income, allowing courts to deviate from the historical six-month average when there is a “known or virtually certain” change in income or expenses. The plain-English consequence: if you lost your job after the lookback window, you may argue for a lower projected income, but the form still uses historical numbers.

In Ransom v. FIA Card Services, 562 U.S. 61 (2011), the Court held that a debtor cannot claim a vehicle ownership expense for a paid-off car. This case affects Form 122C-2 more than 122C-1, but it shapes how trustees challenge expense-based commitment-period arguments.

The Sixth Circuit’s Baud v. Carroll, 634 F.3d 327 (6th Cir. 2011) confirmed that Social Security is excluded from CMI, a holding most circuits follow. The misconception that “all income counts” misses these statutory carveouts.

Do’s and Don’ts for Filing Form 122C-1

The do’s and don’ts below come directly from trustee handbooks and U.S. Trustee Program guidance.

Do’s

• Do pull six full months of pay stubs and bank statements before you start, because the form’s accuracy depends on documentation.
• Do use the USTP median income table effective on your petition date, since tables update periodically.
• Do report all income types even if zero, because blanks trigger trustee questions.
• Do reconcile Form 122C-1 numbers with Schedule I, since trustees compare the two side by side.
• Do amend promptly under Rule 1009 if you discover an error before the § 341 meeting.

Don’ts

• Don’t include Social Security retirement or disability income, because § 101(10A)(B) excludes it.
• Don’t guess your median figure, because the USTP publishes exact dollar amounts by state and household size.
• Don’t skip lines that you think are zero, because the form requires an entry on every line.
• Don’t sign without reading, because 18 U.S.C. § 152 imposes criminal penalties for false statements.
• Don’t assume the form is final, because trustees often demand corrections after the § 341 meeting.

Pros and Cons of the Form 122C-1 Process

The form has trade-offs that affect every Chapter 13 debtor.

Pros

• The form provides a clear, formula-driven path to determine plan length, removing trustee discretion on the threshold question.
• The six-month lookback under § 101(10A) is objective and verifiable, which protects debtors from arbitrary income inflation.
• The median income exemption under § 1325(b)(4)(A)(i) shortens plans for lower-income debtors, allowing faster discharge.
• The form’s exclusion of Social Security under Baud protects retirees and disabled debtors.
• The form is standardized nationwide, simplifying multi-jurisdiction practice for attorneys and trustees.

Cons

• The historical lookback can overstate income for debtors who recently lost jobs, forcing reliance on Lanning arguments.
• The form does not account for irregular income smoothing, which hurts seasonal workers and freelancers.
• Median income tables update periodically, creating timing traps near table-change dates.
• Self-employed debtors must build their own profit-and-loss reconciliation, since the form gives no template.
• Errors trigger objections that delay confirmation, costing time and attorney fees under Rule 2016.

State Nuances That Affect Your Median Comparison

While Form 122C-1 is a federal form, the median income table breaks out by state, so geography matters. The USTP Census Bureau Median Family Income Table shows wide spreads: in 2026, a 4-person household median ranges from roughly $89,000 in Mississippi to over $144,000 in Massachusetts. The plain-English consequence is that the same $100,000 annualized CMI puts a Mississippi debtor above median but a Massachusetts debtor below median.

The consequence of using the wrong state happens when debtors move shortly before filing. Venue rules under 28 U.S.C. § 1408 generally fix the state by where the debtor has resided for the 180 days before petition. The misconception that “I file where I live now” is dangerous if you moved within that window, because the trustee will challenge venue and the median.

District-specific local rules also matter. The Eastern District of California’s Local Rule 3015-1 requires a model plan that interacts with Form 122C-1 outputs, and the Southern District of New York’s procedures require electronic filing of supporting payment advices. Real example: Robert Kim, who relocated from California to Texas 90 days before filing, used the Texas median and was challenged on venue, forcing a transfer back to California and recalculation under California’s higher median.

Frequently Asked Questions

Do I have to file Form 122C-1 if I am below median?

Yes. Every Chapter 13 debtor must file Form 122C-1 unless an exemption under Rule 1007(b)(7) applies, regardless of whether income is below or above median.

Does Social Security count as current monthly income?

No. 11 U.S.C. § 101(10A)(B) and Baud v. Carroll exclude Social Security from CMI on Form 122C-1.

Can I amend Form 122C-1 after filing?

Yes. Rule 1009 allows amendments at any time before the case is closed, but trustee objections may delay plan confirmation if amendments are late.

Is the six-month lookback always fixed?

Yes. Section 101(10A) requires the six full calendar months before petition, with no statutory exceptions for partial months or unusual events.

Do I include my non-filing spouse’s income?

Yes. Line 11 captures any portion of the non-filing spouse’s income that pays household expenses, with a marital adjustment available on Form 122C-2.

Can I use Lanning to lower my CMI on Form 122C-1?

No. Hamilton v. Lanning applies to projected disposable income on Form 122C-2, not to the historical CMI calculation on 122C-1.

Is rental income reported gross or net?

No, not gross. Line 5 of Form 122C-1 requires net rental income after ordinary and necessary operating expenses, consistent with Schedule I.

Do bonuses count as current monthly income?

Yes. All wages, including bonuses, commissions, overtime, and tips received during the six-month window, are averaged into Line 2 under § 101(10A).

Can I skip Form 122C-2 if I am below median?

Yes. Below-median debtors generally only file Form 122C-1, though trustees may request additional disposable-income detail under § 1325(b)(2).

What happens if I file Form 122C-1 late?

No good outcome. Late filing under Rule 1007(c) triggers a trustee motion to dismiss, and most courts grant dismissal absent a strong cause showing.

Does household size include college-aged children living away?

Yes, typically, if you provide more than half their support and they are economic dependents, consistent with In re Robinson and most circuit case law.

Can a debtor be prosecuted for a false Form 122C-1?

Yes. 18 U.S.C. § 152 makes a knowingly false statement on a bankruptcy form punishable by up to 5 years in federal prison plus fines.