Disposable income

[Kingxray]

Does anyone know how much of your disposable income the trustee wants when they are converting you from a 7 to a 13? Also can you debate what they consider your disposable income to make the conversion more financially managable?

Can't talk to my lawyer until tomorrow p.m. Thx!

[katie]

From what I read to lower the risk or being classified as "presumed abuse" - the number is less than $100 per month. From what I understand they could convert you with anything over $100.

Not sure how strict that would be if you had $200 left over with $100,000 cc debt or something. Chapter 13 wouldn't help cc company in that type of scenario very much.

[Kingxray]

Thanks Katie. I'm sorry I do not think I made my question clear.

We are being converted to a 13 because of presumed abuse and UST is saying that our disposable income is $1900 a month, which is a crock of s*#t. They did not allow some of our expenses on the means test.

My question is can the UST require us to pay all of the disposable income they are claiming or is there a percentage of that amount that we will have to pay? Thanks again.

[katie]

From what I've been reading they could take all of whatever they deem as your disposable income. Then if your income increases they can readjust and take a new higher amount. They pretty much want to make you miserable for the 3-5 year period. Did you look at the means test yourself - were there items left off that need to be added?

[Kingxray]

Yikes! We we will definitely be in C7 if that is the case. We cannot possibly pay that.

I looked at the means test but it might as well be in Japenese. When we started this process I just filled out a worksheet and my lawyer's office did the rest.