Means Test versus Schedule J

[southernbelle]

Why do we fill out paperwork for both the Means Test and Schedule J if the Trustee will go after the larger of the two showing the most disposable income anyway? Did I miss something? Also, if non-consumer debt is more than 50% why complete the Means Test anyway? Sorry, just confused!!!!

[HHM]

When it comes to non-consumer debt, you can bypass the means test, BUT, if your income is still in excess of your living expenses, you can still be placed in a chapter 13. However, the one benefit to having non-consumer debt is that what is allowed as an expense in a non-consumer debt BK 7, is more expansive.

[brandon94]

Will I qualify for chapter 7 if I get this new job?

I am single and have been unemployed for the past 3 months. I have over 90k in credit card debt and would like to file chapter 7. My income before I got laid off in July was 48k per year. I know I shouldn't have procrastinated and filed already but I didn't. I have been to see a few attorneys for consultations and know I would pass the means test with my 3 months of wages and 3 months of unemployment compensation.

My situation now is I have just interviewed for a job that pays between 45-55k. I am uncertain whether I would qualify for Chapter 7 if I got the job and was paid over 50k. I am single but pay $700 a month in child support and have my kids most weekends and spend a good amount of money on food for them. I was hoping to claim at least $500 on food since I really spend more like $600-700 a month. I own my car but it is 6 years old with 116k miles and have been spending over $500 a month lately on repairs. My rent is $800 a month and I spend 150 a month on utilities with another 100 on cell phone and another 100 combined for internet and cable. My out of pocket medical and dental including what I pay for my kids is over $200.

I know that even if I made 4300 per month I would have enough expenses to have a negative balance on schedule I & J but am worried the trustee may not accept some of my expense amounts.

Any advice anyone can give me would be appreciated. I do want to get this job and get back to work but I want to make sure I can get the highest salary possible while still qualifying for chapter7.

[klandsb]

brandon94....Please take this as just advise..You should probally start your own thread with your post that way more people w/view it and respond..
Did they attorneys you consulted give you any heads up to your situation ??
U might need to see if u get the job and go from there..