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Means test vs. schedule J, I'm confused

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    Means test vs. schedule J, I'm confused

    Is the means test to see if you qualify for Ch. 7 and the schedule J used for Ch. 13??

    #2
    both means test and sched. J are used in both chapters of bk.

    the means test for a CH7 case is primarily to determine whether or not the presumption of abuse arises (if you have disposable income available after the federally allowed expenses). in a CH7 case, the disposable income available on the means test indicates only what income you have left after the federally allowed expenses; in both chapters it is used in conjunction with schedule J which shows your actual expenses (over or under the federal limits, doesn't matter) to determine actual disposable income available to repay the creditors. in CH13 this plays into your repayment plan.

    nutshell: you need to fill out both if you're filing CH7 or CH13.
    Last edited by soleprop; 08-07-2008, 09:29 AM.
    Filed 7/28/08, Discharged 10/29/08
    (filed pro se: nonconsumer no asset CH7)

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