hypo question

[B65]

filed as household of 5. lawyer said Us trustee can dispute that as 2 older girls are full time students, they have no jobs and they are on our taxes but still could happen. I know that even as a family of 3 (it was difficult to work out th figures at first) but it looks like they have us as 12k over a year of a family of 3. for a means test i have a car payment of the allowed 450 per month my hubby who drives 4 hours a day for work has a clunkner worth 1k that he pays 90 a month on, i think that if he had a higher car loan it would make us ok for the means test on a family of 3 now his car has broken down 4 times the last 6 weeks and he has had 2 tires blow in the last 3 ...poor guy.... if the trustee refuses the family of 5 would i be within my rights to tell them hubby needs a car? wish I had gotten him a more reliable one to start with now but with paying all the creditors it was hard, i feel bad he is struggling with his car.

B

[jessegirl]

B65 - Did talk to your attorney about a car? This is probably a stupid question but can you guys pay cash for a used reliable car? I know when I was in the beginning of filing i didn't have a pot to piss in either. It stinks when hubby's travel far and they do not have a reliable car.

[happy_ira]

B65 - am I reading this correctly... even if you get pressed into a family of 3, you are $12k over the median. In which case, you would then fill out the remainder of the Means Test. Based on these figures you mentioned, and the expenses and exemptions you can take, I dont see how you could possibly come out and fail the rest of the Means Test.

[soleprop]

if the kids live at home or claim your address as their permanent address, i think that helps further your case...as I understand it, for bk it doesn't have to be kids/dependents, it is # in household.

[B65]

yes

the 2 girls are in full time college, so with the IRS being away at college counts as living at home so they are away for 6 months and home for 6 months (under IRS counts as one full yr at home) which though now they are both closer they are home full time 6 months and the rest of the time (college time) home thurs- sun. both have this as permanant address.

B