Crap... $6K below median income, but $54

[jp2861]

This information is just plain wrong

from http://en.wikipedia.org/wiki/Bankrup...Protection_Act


Simply put: Almost every single person in the US is qualified to file for BK, but in order to file for a chapter 7 BK, you either have to earn below the median income for your state, run through the means test and pass it, or convince a judge that you have special circumstances in your case (extremely rare).

To the OP: go ahead and file for a chapter 7...If your attorney says you don't qualify for a chapter 7 because of the means test, then I think you should immediately fire him and hire another one, because he is just giving you wrong information at this point...most likely because he wants the higher fee of a chapter 13 (usually around double the fee, for little to no extra work).

If you already paid money for this attorney, then i'd suggest cutting your losses and finding another one anyway...a chapter 13 will cost you far more in the long run ($154 x 60 = $10,000 in payments over a 60 month chapter 13, versus about $1500 in attorney and court costs for a chapter 7 case).

I could care less what wikipedia says. Someone below the median is not guaranteed a Chapter 7....period. please try to research the process from start to finish before posting information that may give someone the wrong impression. Your intentions may be good but the info isn't.

[whipster]

disposable income per month. Spoke w/ the attorney today and he's very concerned and said the US Trustee will almost certainly file a motion to push us into a Ch.13 particularly b/c we're giving up the house and the Trustees position is that 100% of that mortgage payment is now disposable income. The assumption is that we're just going to live on the street once we give up the house?! This is ridiculous.

I have to go through the numbers again tonight and figure out what we're missing on expenses, but it sounds like we're pretty much screwed. Great.

How about some insurance coverage? Do you have disability coverage? Most people don't, or for that small amount upping your car insurance to a higher level might help.

[struggling]

Hmmm...my trustee was asking people "Do you have more than $200 disposable income each month?" I thought that was odd since I thought it had to be less than $100.