Means Test-Help Me Understand

[dadkrs]

Because of all the posts and info gathered on here, I have visited 2 attorneys so far. Night and day neither feel comfortable. By the way, both say their only practice is 'Bankruptcy"

I filled out rhe means test 822A just to see where I am. As soon as I tell them my income, 96K, one said I do not qualify simply because I make more than the median(NY). I asked doesn't the entire doc have to be filed out and he said no, the only thing that counts is the income. Maybe I am wrong , but didn't so. He immediately wanted me to file Chapter 13

Number 2

He filled the entire doc out and said, even though my income is high, my deductions bring below median and I "should be" ok.

What am I doing wrong.

Thanks

[soleprop]

you're doing nothing wrong, attorney #2 gets my vote, give the other one the boot. my understanding of the means test is it's a two-test test: 1) do you make the state median or below, and 2) do you have more than $100 disposable income left after federally or state recognized/allowable expenses.

[downwardspiral]

The first attorney sounds like a hack. Every attorney I have visited said qualifying for Chapter 7 wasn't just about your salary. Most people make more than the median. It's about your monthly expenses (allowable) and whether you have enough income left over to pay something to your creditors.

I would visit some more attorneys.

[dadkrs]

Thank you folks,

i really appreciate the help

[woodj]

I am in a similar situation. My income and my wifes income are well above the means even when we take the second part of the test. My wife developed a lung disease and cannot work now. My income is still above the median but I pass the second part of the test without her income. The problem is that I have to include the past six months income which has her income included. The lawyer I went to immediately told me I had to file chapter 13 even after I showed him our budget without her income. It looks BAAAAD. I don't think she will work again so I am going to try to hold out for six months until I do not have to include her income. I am in quite a situation but I do not want to drag this out for five years with a chapter 13. Let them come take what they want but we need a fresh start. Anyway, I found a free means test calculator. It has been very usefull to me. Here is the link. The website is also very informative. Hope this helps.

http://www.legalconsumer.com/

[dadkrs]

Thanks, great help, boy am I poor