Does anyone know of someone who was pushed into Ch 13

[hootown]

because they had too much disposable income even though they made less than the state median income in a no asset case ?

[CATCHMEIFYOUCAN]

Once they see you have disposable income of at least $100 a more they want you to pay back the creditors as much as possible. But I never heard of someone having to do that if you are below the state median? Check and make sure you list all your expenses and deduct as much as you possibly can using those IRS standards.

Good Luck, Catchmeifyoucan (by the way I'm not a lawyer!)

Mine is a no asset case too but because of 2 full time jobs I filed chapter 13 as I'm above the state median. If I quit one, I'll fall below the median and may be able to go for chapter 7!

[hootown]

Do they determine your disposable income using schedules I and J ? Can you use the IRS guidelines for expenses on schedule J or do you have to use your actual expenses if they are lower?

[lrprn]

Do they determine your disposable income using schedules I and J ? Can you use the IRS guidelines for expenses on schedule J or do you have to use your actual expenses if they are lower?

Yes, Schedules I and J determine your disposable income. Since the government was involved, "disposable income" for bankruptcy isn't just subtracting your expenses from your income....sigh....

About the IRS guidelines - you use them on Schedule J which lists expenses. Use the IRS guidelines even if your personal expenses are lower. For any allowable expenses that go beyond the IRS guidelines, your lawyer adds an Detailed Expense Attachment to show those.

[hootown]

If "disposable income" for bankruptcy isn't just subtracting your expenses from your income, then how is it determined?