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    #16
    What Cristo and Momofthree stated is what I was thinking too - you can be over median but negative on schedules and still qualify for a CH. 7.

    Your lawyer proposed 2600 to the trustee? I hope that includes your mortgage and car payments in there.

    So you currently have 5K monthly - you said "bring home" so going to assume thats net after all health insurance, retirement, and appropriate taxes are taken out.

    5K minus

    1200 mortg
    800 2 car payments (400 ea)

    leaves 3K before any further expenses come out

    Out of that 3K, you need to make sure EVERYTHING is accounted for - from dr visits, to any insurance deductibles that have to be met, pet needs / vet care, school lunches (if you have kids), dry cleaning, groceries, hair cuts, birthdays, christmas, laundry, OTC meds and RX meds, car insurance, car maintenance, vehicle inspections, life insurance, etc etc etc...

    The list is huge - think of everything you pay for during the course of a year no matter how trivial it seems, then work it out to however you get paid (24 or 26 pay periods) and divide by the number of weeks. Remember if you get paid 24 pp's a year, there will be extra weeks added in when you figure your budget allowances. Also remember that if you are in a credit profiling state - many times your insurance will go up once filing BK, so you need to account for that.

    After you do ALL of that (which is your schedules) - anything left over is your DMI - and is what will be used to pay the trustee.

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      #17
      I'm glad some other folks brought up the prospect of Ch 7. As I was reading this thread I started to think...wow...maybe these guys could/should file a 7. Do you really want to fork out thousands to a trustee? Be under the thumb of the trustee/court for 5 years? Yes, there could be some issues with vehicles, but I'd make sure that ch 7 isn't a possibility. Don't believe it is not from the first person/attorney you talk to. Do some research to find the "best" ch 7 atty in your area. I had to talk to several before finding the one willing to put me in a 7...darn glad i'm not still paying things off in a 13. Just my .02 cents.

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