B 122A-1Supp

Statement of Exemption from Presumption of Abuse Under §707(b)(2)

Agency
U.S. Courts
Revision
12/15
Fillable fields
17
Pages
1
Official source
U.S. Courts form page
Checked
October 20, 2026
Fill B 122A-1Supp online
Page 1 of form B 122A-1Supp

Form B 122A-1Supp: Statement of Exemption from Presumption of Abuse Under §707(b)(2)

Form B 122A-1Supp, Statement of Exemption from Presumption of Abuse Under §707(b)(2), is the Official Bankruptcy Form a Chapter 7 individual debtor files together with the Chapter 7 Statement of Your Current Monthly Income (Official Form 122A-1) when they believe they are exempted from a presumption of abuse. The U.S. Courts list it under Means Test Forms. The current version is dated 12/15, and the U.S. Courts page lists it as effective on December 1, 2015. The page also says Official Bankruptcy Forms are approved by the Judicial Conference and must be used under Bankruptcy Rule 9009.

The one-page supplement asks whether debts are primarily consumer debts, then about disabled veteran status and service as a Reservist or member of the National Guard. Each answer points to a box on Form 122A-1 or to the next line. The instructions say a presumption of abuse does not mean you are actually trying to abuse the bankruptcy system. The form is derived from Official Form 22A-1Supp.

This page explains the form in plain words and is not legal advice. You can fill it out free in your browser on this page and download the result without an account.

Top of page 1 of Form B 122A-1Supp: Statement of Exemption from Presumption of Abuse Under §707(b)(2), as printed by COURTS

What's on Form B 122A-1Supp

Caption and opening instruction

Debtor 1, Debtor 2 (spouse, if filing), the district, the case number if known and an amended filing box, then the instruction to file the supplement together with Form 122A-1.

Part 1: Identify the Kind of Debts You Have

Line 1 asks whether debts are primarily consumer debts and says the answer should be consistent with line 16 of the Voluntary Petition (Official Form 101).

Part 2, line 2: Disabled veterans

Whether you are a disabled veteran and, if so, whether debts were incurred mostly while on active duty or performing a homeland defense activity, citing 10 U.S.C. § 101(d)(1) and 32 U.S.C. § 901(1).

Part 2, line 3: Reservists and National Guard

Four categories: called to active duty after September 11, 2001, for at least 90 days and still on duty, or released fewer than 540 days before filing; or performing a homeland defense activity for at least 90 days, or having performed one for at least 90 days that ended fewer than 540 days before filing.

Exclusion period box

The form defines the exclusion period as the time on active duty or performing a homeland defense activity, and 540 days afterward, citing 11 U.S.C. § 707(b)(2)(D)(ii).

How to fill out Form B 122A-1Supp

  1. 1

    Have Form 122A-1 ready

    The supplement is filed together with Chapter 7 Statement of Your Current Monthly Income (Official Form 122A-1), and its answers point to boxes on that form.

  2. 2

    Answer line 1

    If the answer is No, the form says to check box 1, There is no presumption of abuse, on page 1 of Form 122A-1, sign Part 3 of that form and submit this supplement with it. If Yes, go to Part 2.

  3. 3

    Answer line 2

    For a disabled veteran whose debts were incurred mostly on active duty or during a homeland defense activity, the form points to box 1 on Form 122A-1. Otherwise it says to go to line 3.

  4. 4

    Answer line 3

    If one of the four categories is checked, the form says to check box 3, The Means Test does not apply now, on Form 122A-1 and sign Part 3. If not, it says to complete Form 122A-1 and not submit this supplement.

  5. 5

    Fill in any dates

    Two categories ask for the date of release from active duty or the date a homeland defense activity ended.

  6. 6

    Submit both forms together

    The supplement has no signature line of its own. The instructions say to verify it by completing Part 3 of Form 122A-1, then the two are submitted together.

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Where it is filed and what to know

Where it is filed

With the United States Bankruptcy Court for the district named at the top, together with Form 122A-1. The instructions list it among the Chapter 7 forms filed if necessary.

Signature

The supplement has no signature line. The instructions say the supplement is verified by completing Part 3 of Form 122A-1, and that with an exemption no other part of Form 122A-1 is required except the verification.

When the exclusion period ends

The form says that if the exclusion period ends before the case is closed, you may have to file an amended form later.

Filing fee

The form does not print a fee.

Related forms

Who uses Form B 122A-1Supp?

  • Chapter 7 debtors whose debts are not primarily consumer debts

    Line 1 asks whether debts are primarily consumer debts, which the form says 11 U.S.C. § 101(8) defines as incurred by an individual primarily for a personal, family, or household purpose.

  • Disabled veterans

    Line 2 asks about disabled veterans as defined in 38 U.S.C. § 3741(1) who incurred debts mostly while on active duty or while performing a homeland defense activity.

  • Reservists and National Guard members

    Line 3 asks about Reservists and members of the National Guard who were called to active duty or performed a homeland defense activity, with four categories to choose from.

  • Married couples filing together

    If any of the exclusions applies to only one spouse, the form says the other should complete a separate Form 122A-1 if you believe this is required by 11 U.S.C. § 707(b)(2)(C).

The form says to file it together with Form 122A-1 if you believe that you are exempted from a presumption of abuse. The instructions say not to fill out the Chapter 7 means test forms in a case under chapter 11, 12 or 13.

Official sources and the blank

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Questions about Form B 122A-1Supp

Who files Form B 122A-1Supp?

The form says to file it together with Form 122A-1 if you believe you are exempted from a presumption of abuse. The instructions say the exemptions cover debts that are not primarily consumer debts and certain military or homeland defense services.

What is a presumption of abuse?

The instructions say a presumption of abuse does not mean you are actually trying to abuse the bankruptcy system, but that you are presumed to have enough income that you should not be granted relief under chapter 7, and that it may be overcome by showing special circumstances.

Does Form B 122A-1Supp have its own signature?

No. The form points to Part 3 of Form 122A-1, and the instructions say the supplement is verified by completing Part 3 of Form 122A-1.

What is the exclusion period?

The form says it is the time you are on active duty or are performing a homeland defense activity, and for 540 days afterward, citing 11 U.S.C. § 707(b)(2)(D)(ii).

What if line 3 does not apply?

The form says to complete Form 122A-1 and not to submit this supplement.

What if the exclusion period ends during the case?

The form says that if your exclusion period ends before your case is closed, you may have to file an amended form later.

Can spouses filing together use one form?

The form says that if any of the exclusions applies to only one spouse, the other should complete a separate Form 122A-1 if you believe this is required by 11 U.S.C. § 707(b)(2)(C).