(Mamaof2, I moved your question here into its own thread off the sticky you originally posted to. You're more likely to get responses this way, and stickies are meant to share specific information about a specific bk topic, not to post individual questions. Far better to start your own thread like tis one - thanks! -lrprn)
The Means Test was specifically designed to push more people into ?Ch 13s. You can usually find enough legitimate expenses that were overlooked to make up $200-300, but finding enough to make up $800...not likely.
However, the good news is that your lawyer hasn't seen your figures yet and he/she is far more knowledgeable about what is acceptable in your bk court. The main problem with filling in the Means Test 22C forms or completing the online self-calculators for Ch 13 is that they miss the unique bk interpretations and practices by your trustee and bk court judge. All is not lost yet.
Until an experienced lawyer runs your figures in the Means Test and Schedules and says to you, "You have to file a Ch 13", then the door's still open to a 7.
The Means Test was created by a group of creditor advocates and then rubber-stamped by Congress back in 2005. It's an artificial cross-comparison of the value of your assets vs. what can be protected by your state bk exemptions vs. a mix of your own expenses with some mandated by state IRS and Census Bureau figures. It is complex and there's no reliable way anyone but a very experienced bk lawyer who files 13s often can complete one accurately.
Hang in there. Meet with the lawyer and see what he/she says. If this is the only lawyer you've met with, please make 2-3 more free intiial consultation appointments. Writing a solid Ch 13 plan takes experience and a deep knowledge of what is going to fly with your trustee and the local court bk judge. It's far more an art than a science.
Originally posted by mamaof2
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However, the good news is that your lawyer hasn't seen your figures yet and he/she is far more knowledgeable about what is acceptable in your bk court. The main problem with filling in the Means Test 22C forms or completing the online self-calculators for Ch 13 is that they miss the unique bk interpretations and practices by your trustee and bk court judge. All is not lost yet.
Do i still have a chance to file 7 or is it going to have to be 13...
also how complex is a means test, and when/where do you usually do it?
Hang in there. Meet with the lawyer and see what he/she says. If this is the only lawyer you've met with, please make 2-3 more free intiial consultation appointments. Writing a solid Ch 13 plan takes experience and a deep knowledge of what is going to fly with your trustee and the local court bk judge. It's far more an art than a science.