Ch 7 Means Test-Required?

[bumblefuss]

I met with an attorney this week to discuss filing Ch 7. My understanding of Ch 7/Means Test, based on my own research, was that it was only required if I was above my state's median income.

In truth, I'm nowhere near it, so I thought it wouldn't be necessary. However, the attorney I met with seems to think it is. I can understand needing to list income either way, but to me, it seems unecessary (in my case) to list all expenses.

I'll put it this way - the state median income (my case - me and my wife - two earners) is 66,000 (county is 34,000), and our income, based on the last 6 months, is 14,000.

I don't mind doing whatever paperwork is needed, but the fact that the attorney brought this into play makes me a little nervous because. Our expenses have been lower the last few months because we're living with family (for now).

So who's right? Are detailed expenses (foor, insurance, utilities, etc.) always a requirement for Ch 7? Or does it depend on whether you meet/pass the median income?

[HHM]

If you are below the median income, you are merely presumed to have no disposable income, but, if based on the means test, you still have at least $100 per month of disposable income, you can still be put in a Chapter 13. (there are a few other caveats, but there not worth getting into here)

[SinkingFast]

Yep!

The Means Test and Schedule J will have to be completed as part of your BK filing.

If you're below the Median for your State, the Means Test your attny will file will be B22A. You go to Line 14 where your earned income from the last 6 months is compared to the Median. Line 15, the box for Presumption does not Arise is checked and you're done.

Schedule J is an itemization of your actual monthly expenses to live. Everyone who files BK HAS to complete Schedule J.

[bumblefuss]

Wow - Thank you both for your insight and your rapid responses!