could I file Chapter 7 somehow with my income?

[5yrplan]

My income is 65K salary. 58K is the max for 2 in Iowa. Right now I'm single but I could marry my GF, she doesn't have an income at all. Am I close? Assets 10K car, 5K Harley, 5K camper. I want to keep my home that I pay $1191 month for. TIA

[justbroke]

Close, but unless your mortgage costs exceeds the county allowance (significantly), then your expenses may not be enough to overcome the presumption of abuse. The only way to beat the means test, when your income exceeds the median income for your family size and State, is to have allowed expenses that can rebut the presumption of abuse.

I suggest you try one of the many oneline means test calculators. You can try the Means Test Calculator at Legal Consumer's web site. Remember, that this only gives you an idea of what you may be able to expect. With your income being over-the-median, you would probably want to seek advice (free consultations) from several attorneys before making any decision.

Means Test Calculator: https://www.legalconsumer.com/bankruptcy/means-test/

[LadyInTheRed]

Your gross salary is only the first step on the means test. If you are over median, the rest of the means test determines if you qualify for Chap 7. Search for "online means test calculator" and you will find a calculator that will help you get idea of your chances for a Chap 7. Also, consult with a couple of attorneys.

I wouldn't get married only to qualify for a Chap 7. A Chap 13 is not the end of the world. A marriage should be a much bigger commitment than Chap 13.

[justbroke]

A marriage should be a much bigger commitment than Chap 13.

[5yrplan]

I thought maybe being married would make my Disposable income so low I'd get into a 7? My attorney came up with DI of 530 month as a single guy. Just company health insurance would go up $170 a month when married. Thanks

[5yrplan]

And you calculator linke says this, so I'm even closer.

2

$5,247

$31,483

$62,966

[justbroke]

I thought maybe being married would make my Disposable income so low I'd get into a 7? My attorney came up with DI of 530 month as a single guy. Just company health insurance would go up $170 a month when married. Thanks

Not necessarily. You are saying that even with a household size of 2, you are over the median. Only calculating the entire means test with all the allowable and relevant expenses will get to the right number. You may be close, but I would not try to guess at this.

[LadyInTheRed]

While it may be possible that getting married could help you pass the means test, that wasn't my point. Unless she is already your fiancé, qualifying for Chap 7 is, IMO, a lousy reason to get married. While I realize many marriages don't last as long as a Chap 13, you should go into a marriage with the expectation that it is for life. Maybe I'm old fashioned.

[5yrplan]

Marriage is in the works anyhow we'd just move it up before filing instead of after. Means test calculator as married resulted in $0 disposable income. I only added 363 in additional expenses in the calculator, botom line says -$491 in disposable income. So I should be in a 7?

[justbroke]

5yrplan, you will need to review this with an attorney. You say that you already have one? The Means Test calculators that you are using are only simulators which try to give you an idea of what will be allowed. You may not know, but the Means Test is only the "beginning" of the inquiry. Your Chapter 7 (Panel) Trustee will also look to your Schedule I and Schedule J to see your actual expenses and actual disposable monthly income (DMI).

If the online simulator shows that you should have no DMI, the next thing is to actually have a complete Schedule I and Schedule J done which reflect true 6-month income (lookback) or forward looking income along with allowable and actual expenses. Because you are over-the-median income, it's just not so cut-and-dry. You must do the next part... Schedule I and Schedule J at a minimum.

[LadyInTheRed]

Marriage is in the works anyhow we'd just move it up before filing instead of after.

Well, then... I approve.

Means test calculator as married resulted in $0 disposable income. I only added 363 in additional expenses in the calculator, botom line says -$491 in disposable income. So I should be in a 7?

Maybe, assuming you are taking her income into account as well. I agree with justbroke that you need to have an attorney run the numbers to be certain.

[5yrplan]

Attorney could not qualify me as a C7, onward through the fog of a C13 5yr plan.