We are boderline on the means test for Ch 7

[tools2teach]

My wife and I want file for Chapter 7, but we are $400 dollars from a chapter 7. Went through the means test with our attorney. My wife just got a new job recently working part time making half of what she was making in her previous job. She was making $2800 month to making $1600 month. Can we make chapter 7 in a couple months of her new paystub or do we need to wait for a full 6 months of her new paystub. I just want the comfort that we would pass by a large margin.

[StartingOver08]

When you say you are $400 from a CH 7, does that mean $400/month is what you have left over?

If she is making half of the income she made previously then you need to have enough months with her current income to reflect what you are actually bringing into the household. You are averaging the 6 months of income immediately prior to filing. The more months you have at the current, lower wage the lower your total hh income. You probably want to have as close to six months as possible, providing you can hold out that long

[WoodSprite]

Welcome to the forum, tools2teach. I'd agree with StartingOver that although you only need to make sure your six-month average is under the median, lower is better in terms of staying under the trustee's radar, and the longer you can hold out, the better.

If you need to file quickly because of pending liens or garnishment or something, though, just figure out at what point a six-month lookback puts you under the median, and plan on that date to file.

[Cali]

You can still file C7 if you are over the median. If your expenses are more than you make, then you are fine.

[tools2teach]

Our income is way above the median income range in california I take home 4700 take a month and my wife with her old job made 3000 take home. She now makes 1600 month. Based on this information, would 2-3 months of her paystub get us over the $400 hump to get us to a chapter 7.

I know this is a question for my attorney, but I can't get a response nor a straight answer because they are so busy. We are so in the dark with this. I just want to pass the means test by a large margin.

[banca rotta]

Do you need to file sooner rather then later? Are you being sued?

If the answer is no and you can stomach constant collection calls then wait out the six months. You don't want to be borderline.

Make sure you have insurance of all types properly funded as well as any other reasonable expense.

Try to get your means test figures either flat or negative. You don't want anyone to see any positive by that much even if you lost income.

Unless you are a bank CEO you need to be broke before qualifying for any help.

Good luck

[Cali]

We were way over the median income for CA as well. And we filed, discharged and closed.

Our income is way above the median income range in california I take home 4700 take a month and my wife with her old job made 3000 take home. She now makes 1600 month. Based on this information, would 2-3 months of her paystub get us over the $400 hump to get us to a chapter 7.

I know this is a question for my attorney, but I can't get a response nor a straight answer because they are so busy. We are so in the dark with this. I just want to pass the means test by a large margin.