Means Test confusion

[Pennywise]

I am planning to file ch7 pro se and have been doing a lot of research. I have been computing the means test - several times! It always comes out that I pass for ch 7. Anyway, I just want to make sure it is done right. I am married filing singly. On the section that asks for secured loan info ie. car loan I am confused what to put or not put. We have a car loan but it is in my husband's name only, as is the title. Do I subtract that amount out of the marital adjustment? or do I put it on the test under the deductions for secured payments even though it is not my loan.

[CATCHMEIFYOUCAN]

Filing Singly

You don't have a car loan, because it is in your husbands name. So you don't put it as one of YOUR debts, as you are filing singly. Make sense?

Best wishes, Catchmeifyoucan

[CATCHMEIFYOUCAN]

Means Test

When you say you "pass," the Means Test, does that mean you have no disposable income? Be careful when filing pro-se. Schedules I and J may show you have disposable income, and if it shows you can pay at least $100 or more you will be thrown into a Chapter 13! I'm not a lawyer, but this is just from my own personal experience, my Means Test showed I had a negative balance, yet schedules I and J showed I had disposable income, which puts you into the gray area of the new law vs the old law.

Best wishes, Catchmeifyoucan

[Pennywise]

I am unemployed and have been for about 22 months. I am married but filing singly. Would I put my son on schedule I? My husband is the one who does the $ support not me since I am not employed. Just when I think I have a grasp of these forms another question always comes up! Thanks for all the great information!!

[CATCHMEIFYOUCAN]

I'm not a lawyer, but I'm pretty sure the lawyer, the trustee, the courts will want to know where the money is coming from (husband, social security, unemployment, withdrawal from a savings (example: 401k?), outside lenders:meaning friends, relatives.
Dependents ARE part of your expenses, you have to feed them .. clothe them .. even if your husband is supporting most of the $'s - surely you are making money from somewhere (unemployment?)
List all the expenses you possible could, many people tend to leave things out, like transportation expenses: oil changes, gas, car repairs, property taxes, new tires in the future. One important expense I never thought about: clothing! meaning, new shoes, underwear .. yeah c'mon do you expect NOT to buy at least one pair of shoes, one pair of underwear .. know what I mean. If any of it becomes unreasonable, pass the IRS standards, prepare to have receipts.
There is a vast variety of information from the net, it sounds like I know a good deal, but I've learnt this stuff reading different websites and going through Bk myself (but I have a lawyer)

Good Luck, Catchmeifyoucan

[CATCHMEIFYOUCAN]

Just read a piece from surfing

Does My Spouse Have to File With Me?
No. There is no requirement that a husband and wife file bankruptcy together. In some instances, if most debts are owed only by one spouse, it may be appropriate for that spouse to file alone. But, jointly owned property may be affected if only one spouse files. And, in most cases, a husband and wife have the same debts or have co-signed the same loan agreements. If only one spouse files in this situation, the creditors can continue to demand payment from the spouse who did not file. Typically it costs the same whether one or both spouses file.

Catchmeifyoucan