Need more expenses to file Ch. 7??

[anewbeginning]

I'm meeting with an atty on Friday, but I'm hoping you wise people can offer some guidance.

I pass the means test strictly based on my income which is lower than the median income, but I took the full means test as recommended by legalconsumer.com to see what the judge will see any when looking at my full financial picture and the chart shows that I have $600 in disposable income!

Filing Chapter 7 will eliminate all of my credit card debts, I'll let my mortgage company foreclose, so my mortgage payment is gone, and my auto loan will be paid off in two months so that payment will be gone before I file BK.

How often does a trustee/judge force a Chapter 7 eligible individual to convert to Chapter 13? I almost feel like I need more expenses to prove that I can't afford my current expenses.

[jp2861]

I'm meeting with an atty on Friday, but I'm hoping you wise people can offer some guidance.

I pass the means test strictly based on my income which is lower than the median income, but I took the full means test as recommended by legalconsumer.com to see what the judge will see any when looking at my full financial picture and the chart shows that I have $600 in disposable income!

Filing Chapter 7 will eliminate all of my credit card debts, I'll let my mortgage company foreclose, so my mortgage payment is gone, and my auto loan will be paid off in two months so that payment will be gone before I file BK.

How often does a trustee/judge force a Chapter 7 eligible individual to convert to Chapter 13? I almost feel like I need more expenses to prove that I can't afford my current expenses.

If you're below the median you should be ok with expenses. Are you sure there aren't things that you're leaving out? Have you looked the allowable expenses that went into effect in 1.1.08? You may be right about needing more expenses though. Just be sure you've included every nickel you spend each month. Haircuts, tobacco, household supplies, etc. If your car needs tires this year, divide the cost by 12 and come up with a monthly amount. The list can go on and on, so don't forget anything. If you do a search here you'll find some links to sites that have a lsiting you can use.

[JollyGG]

Look in "Links for members" thread in the general bankruptcy section. There is a link to a calculator that will help you remember all of your expenses even those ones that only happen a couple of times a year.

[rilbrianne]

I agree, if you are below the median income level I thought you didn't have to proceed with the rest of the means test. That's what happened to us.

But if you google "allowable expenses for bankruptyc" I'm sure you'll find a list of even the most unthinkable expenses. I know I did but I can't think of it now.

What state are you in and how many are in your family?

[kiddles]

Even without the mortgage payment, you'll have rent, deposit, etc. And even if a car is paid off, it's not free of expense - repair, maintenence, licensure, registration, taxes, parking, gas, etc.

[anewbeginning]

I live in Delaware. It's just me - no kids or hubby.

[anewbeginning]

I actually do need tires.

I will check the links and try to find additional expenses which probably won't be hard. I just wasn't sure if I needed to do this or if the trustee will simply look at my income and say I meet the criteria. Better safe than sorry though!