Bypass Chapter 7 Means Test by Filing Chapter 13?

[moneyprob]

Is it feasible to file a Chapter 13 bankruptcy, have the court determine you have no disposable income, and convert you to a Chapter 7 even though you fail the Chapter 7 means test due to your income being too high at the beginning of the 6 month look back period?

[Kingxray]

Good question! I would like to know also. It sounds reasonable but I'm sure there is a catch. Try the Chapter 7 forum, it gets more action.

[rrockinggramma]

the court will not convert you you will have to file the motion. But no attorney will allow you to file a chapter 13 plan that just isn't feasible to the court. Find some good attorneys and lay out your situation and then see what your options are. Chapter 7 is always the way to go if you can and some posters have filed a chapter 7 even though they showed disposable income.

[NoMoreCards]

The means test does not only look at your income for the 6 month look back period, but also looks at expenses. My income was higher than the means test allows, but my expenses still qualified me for a 7.