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Too much disposable income in Ch. 7

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    #16
    They do consider you income without the bills you are filing on. The thing is for a lot of people and particularly below median filers, we pretty easily pass the means test anyway. Attorneys are great at finding your expenses, and if you do have DMI , if it is less than 10,000 over five years *and* less than 25% of your dischargable debt you are back in a chapter 7 anyway.

    I learned that one thing you do not want to do unless you are one of those brave pro-se filers is sit down and just do your expenses yourself. Let an attorney's office figures out your schedule J (expenses). They know what flies in your district with the trustees, for one thing. If you are a pro se filer check re check and double check your expenses. Granted my attorney has an extreme bias towards hiring an attorney, but he said pro se filers frequently mess up big time in that area.
    Filed: 9/9/2009
    341: 10/13, went well!
    Discharged 12/17/2009

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      #17
      Insurance is one thing you can add today and it will not be questioned.

      Disability insurance, changing car coverages, life insurance, better medical, aflac, etc...

      You can always change back them after discharge.
      7-2-2009 Filed
      8-28-09 341 Concluded, no assets
      10-28-09 DISCHARGED/CLOSED!!!!

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        #18
        Man, maybe I should get my attorney and his paralegal on here because i'm in the hole a ton monthly and they are saying noooooooo problem getting me into a 13 or a 7. Only going 13 to strip a 2nd and try to keep a atv. If my budget for a 13 is what i'd have after a ch7 monthly i'm going ch7!
        Best Efforts Test: the plan must provide unsecured creditors an amount equal to the debtor's monthly disposable income (found on line 58 of Form B22C) multiplied by 36 (for those with incomes below the state median) or by 60 (for those with incomes above
        I'm below the state median by $1800 monthly and my attorney is saying my plan is going to be 5 years. How's he figuring that?
        Insurance is one thing you can add today and it will not be questioned.
        Surely when my insurance company does their yearly check for renewal and find out i'm bk, I wonder how much higher my premiums will be. He better account for that!!

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          #19
          Don't quote me here, but I think that the 36 vs 60 month thing is not only based on being below median, but also on the value of what you are trying to keep with the chapter 13.
          Filed: 9/9/2009
          341: 10/13, went well!
          Discharged 12/17/2009

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            #20
            I'm trying to keep an atv financed through a bank my wife works for. If it cost's me 2 more years on a ch13, forget the atv fooo sure!!!

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