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    means test

    we converted from a 13 to a 7 attorney submitted the means test and we showed 48 dollars left after all the deducts or 798 negative after making 13 payment. Attorneys legal sec said she didn't know if we would be able to stay in a 7 because of a 48 dollar positive but on means test they marked five yr payment would be less then 6000.00 and no presumption of abuse. could they force us to stay in a 13 because of 48 dollars?

    #2
    Can someone give a full description of how the whole means test works?
    NotFun
    Filed: 10/31/2007
    341: 12/05/2007
    Last day for objections: 02/05/2008

    Comment


      #3
      Originally posted by sandhall View Post
      could they force us to stay in a 13 because of 48 dollars?
      Very doubtful. Most courts are saying they expect to see at least $100-160/month of disposable income to fund a Ch 13 plan. Otherwise your creditors can't get as much as they would get in Ch 7 - the current bk law requires this.
      I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

      06/01/06 - Filed Ch 13
      06/28/06 - 341 Meeting
      07/18/06 - Confirmation Hearing - not confirmed, 3 objections
      10/05/06 - Hearing to resolve 2 trustee objections
      01/24/07 - Judge dismisses mortgage company objection
      09/27/07 - Confirmed at last!
      06/10/11 - Trustee confirms all payments made
      08/10/11 - DISCHARGED !

      10/02/11 - CASE CLOSED
      Countdown: 60 months paid, 0 months to go

      Comment


        #4
        Originally posted by NotFun View Post
        Can someone give a full description of how the whole means test works?
        Whole books have been written about this, NotFun. It would take more room than we have here to explain the process in detail.

        Here's a link to an online Means Test for practice - http://www.legalconsumer.com/bankrup...0801#QuickTest . Go to the top of the page and put in your zip code. Then work through the pages yourself to see how the parts of the Means Test relate to each other.

        Whatever result you might get won't be 100% reliable for your case - this is just so you can get an idea of how the Means Test works. Work this through, then come back with questions.
        I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

        06/01/06 - Filed Ch 13
        06/28/06 - 341 Meeting
        07/18/06 - Confirmation Hearing - not confirmed, 3 objections
        10/05/06 - Hearing to resolve 2 trustee objections
        01/24/07 - Judge dismisses mortgage company objection
        09/27/07 - Confirmed at last!
        06/10/11 - Trustee confirms all payments made
        08/10/11 - DISCHARGED !

        10/02/11 - CASE CLOSED
        Countdown: 60 months paid, 0 months to go

        Comment


          #5
          Originally posted by lrprn View Post
          Whole books have been written about this, NotFun. It would take more room than we have here to explain the process in detail.

          Here's a link to an online Means Test for practice - http://www.legalconsumer.com/bankrup...0801#QuickTest . Go to the top of the page and put in your zip code. Then work through the pages yourself to see how the parts of the Means Test relate to each other.

          Whatever result you might get won't be 100% reliable for your case - this is just so you can get an idea of how the Means Test works. Work this through, then come back with questions.
          Your awesome!! Thank you.
          NotFun
          Filed: 10/31/2007
          341: 12/05/2007
          Last day for objections: 02/05/2008

          Comment

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