Im new here and have some questions

[Hollyhomemaker]

Since his income is below the median for your state, as the Means Test is completed, at the first "decision point" Line 15, your lawyer will check that your income is under the median so there is no need to continue through the rest of the Means Test and no need to use the exemptions for the Means Test.
Hope this helps!

Oh! Well that explains a lot right there. But what about disposable income? Does that come into play too? Or is that only a problem for people who make more than the median income for their state?

Can people who make less than the median (in our case a lot less) still have disposable income? Or do they have to make sure they don't have disposable income just as much as the higher wage earner?

Believe me, you and everyone else has been a huge help. Thank you!

[Hollyhomemaker]

Jolly is right. You're way overthinking.
If things like a mortgage and utilities and the cable, etc. are all in your husbands name, that means he has 100% liability for them and can claim every penny as an expense.
You really have a slamdunk Chapter 7. As others suggest, get yourself to an attorney and get the ball rolling.

You are right I am overthinking, but then I overthink everything. Im as anal retentive as it gets, sometimes it works well for me but in times like this its a real pita.

[lrprn]

But what about disposable income? Does that come into play too? Or is that only a problem for people who make more than the median income for their state?

99% of the time this only matters for debtors making a few thousand dollars over the median income for their family size.

Can people who make less than the median (in our case a lot less) still have disposable income? Or do they have to make sure they don't have disposable income just as much as the higher wage earner?

When a debtor's income is well below the median, it's extremely unusual to still have sufficient disposable income to support a Ch 13 plan (guideline is about $170/month disposable income showing on the forms is the minimum).

Frankly I've read about it happening a few times around the country, but in two years we've never had a single member here who was under the median be forced into a Ch 13 by the local or US trustee.

We have had a few members under the median who did file Ch 13, but only to save an asset they desperately wanted to keep. They weren't forced by anyone to do so.

You'll feel better once you talk to several lawyers in your area. Start making those initial consultation appointments!

[whatamess]

Hi there!
I had to laugh, you sound like me when I fist came on here. I was a mess and wreck. Like you I was a cut & dry ch 7 but I was papanoid as we were bleow median but living with my mother and had no 'proof' of expenses. I wrote them down, but everything was and is in her name. It was a non-issue. No body ever questioned it. When you are really below median and have kids like us nobody second guesses. You will be fine.
You are way past any objections too I'd bet 99.9% I had one advance and it was about a year for one and 8 months for the other Im guessing. I havent heard a peep. I should be two weeks from discharge now.
WAM

[B12]

You are in no way an idiot. All of us were just uneducated in the BK department. Keep reading and asking here. Overthink all you want. From your posts, you sound pretty damn smart and logical to me.