Still in shock with ???

[ssdsco]

why would I want a more expensive car/nicer place to live at this point?

Only if it would lower/eliminate the 60% to unsecured.

[LegalBeagel]

I have to respectfully disagree with Flamingo on one point. I think it is not factual that Ch. 7 filings were subject to rampant abuse prior to the new law. However, I can understand why people say this because there was a propaganda effort led by certain groups (banks, creditors etc.) to spread this misinformation.

True, there was abuse. Some of the abuse was ridiculous. But, it does not appear that it was rampant. Prof. Elizabeth Warren, a consumer BK expert at Harvard Law School, and other scholars and researchers actually found that most Ch. 7 filings were completely justified under the old law. By the way, Prof. Warren is a great person, and she tried her best to get this new law defeated.

Anyway, in no way should my post mean that I am making a criticism of Flamingo because I enjoy and learn a lot from his/her posts.

[NowImDownInIt]

Only if it would lower/eliminate the 60% to unsecured.

Even then, I would not want to. I am going to live with this BK for the next 3 years and I'm taking this time to learn to live within my means. Not beyond them, or even on the higher end of them... 60% is what the court feels I can afford to pay, and at the moment that isn't a problem. It will probably go down next April anyway when I have my second child.

[TiredandWeary]

Isn't the means test simply based on what level of income one has? If this is so, then I can easily see why some could qualify for Ch. 7 based on income that is lower than the standard listed on the means test for a family of a certain size in their state. But, even if you make less than the standard and qualify for Ch. 7 in this way, one may still have a budget that does allow for some disposable income left over at the end of the month. Am I correct in this thinking? I just wanted to try and clarify to those who don't seem to understand why someone would qualify for a Ch. 7 but get put into a Ch. 13 instead because of disposable income.