Acceptable disposable income?

[multipass]

One last question then I'll shut up... for now.

We come in under the median income for the means test, but how much disposable income on on Schedules I & J is too much before they boot you into a 13? Our living expenses aren't horrible right this second, but they always increase at least $300/month in the summer because of cooling costs here; we can't wait to file because we need it done before the foreclosure sale of our home (don't live there, surrendering) which is scheduled for the first week of May.

[leonel9]

Personally, I don't know what the magic number is. Maybe someone with more experience can chime in?

I would think your disposable income should not exceed the amounts the means test uses to determine CH7 eligibility. Generally $12,850 (over a 60-month period) or whatever would pay at least 25% of your unsecured debt over five years. Before trying to get this question answered, I wonder:

You mentioned that your expenses are $300/mo. higher in the summer. How did you calculate your expenses? I would average out your expenses over the past 12 months, and factor some increase in cost, if appropriate. You should not simply enter what last month's bill was, specifically for the reason of seasonal differences.

Regardless, review your expenses and ensure you're including everything. If you're working with an attorney, he or she should be able to provide guidance. If you're not, perhaps review other filings in PACER and see not only how you compare, but also what expenses others are including that you may have missed. If you're under the median, you shouldn't have an excessive disposable monthly income.

[multipass]

Thank you for your response! We met with the attorney this morning to officially get a case started, and he was able to steer us through. I've been eating, sleeping, and breathing prepping for this for over a month now, so it feels very strange to have it in someone else's hands. A relief, but still strange.