Chapter 7 & over median income (poll)

[yeahdischarged]

1) Filed chapter 7 and discharged 4 months later, on-time, no delay.

2) Audit by US Trustee, provided over 100 pages of documentation, no problem.

3) Over $20,000, can't remember, might have been closer to $30,000.

4) We only had one month we qualified. Our income would not have gone lower.

[lalap123]

I was under the impression that you didn't count your payments towards unsecured debt on the means test...am I incorrect? I thought it was just basic living expenses (except that I'm filing individually and will be including my DH's minimums on his cards)...

[StartingOver08]

1) Successfully discharged 1/5/09 Ch 7
2) Yes, extra scrutiny by the UST, had to provide 2000 pages of back up documentation
3) Over median by $70k
4) I am in commission sales, so my income has dropped drastically - could have waited a while and not had the scrutiny since the income has changed so much in the past 6 months

[cyn5]

I am curious when everyone says they are above the median, but qualified for ch 7. Did you all qualify or pass the means test for ch 7 based on all of your secured payments (house, cars, etc) and your disposable income was less than $6575 (line 52 of means test).

We are going to be way over the median income, and have barely over 10k for repayent of over 400k in unsecured debts, which of course does not make sense that we would be forced into ch 13. Has anyone done the means test and come out as "presumption of abuse arises", but perhaps have successfully been dischcarged because of additional expenses/special circumstances?

[floridian]

it must be top secret, because ive been asking for tips since day one and no one will tell!

obviosly, they dont have a lawyer like mine... he promised they will use a brand new rope when they hang me!

[willbfree]

Slightly over the median here due to some recent sales. So the atty is wanting us to wait an extra month to file Ch 7 with no income from me to drop the amount down. She said she doesn't want to go in with a Chapter 7 above the means test. Sigh! We have a meeting with her Friday morning to review everything and confirm the game plan. I REALLY wanted to file and get this whole thing over. I have lived with the creditor calls and the knots in my stomach long enough.

[welovedis]

1) How many of you were over the median income but were still able to SUCCESSFULLY file ch. 7?
Over median by less than 3K, but was converted to a CH 13.
2) How much additional scrutiny (if any) did you receive?
Over 26 specific requests from UST for bank statements going back years, CC statements going back years, etc..
3) How much over median were you?
Less than 3K
4) Why didn't you wait until your income was lower?
Too stupid to check out process beforehand, attorney didn't ask a lot of questions, we thought we were doing the right thing and filed just after we missed our 1st month of CC pymts, didn't know about this website. Have about $83K in unsecured debt in our BK, nothing else.

[BornAgain]

1) How many of you were over the median income but were still able to SUCCESSFULLY file ch. 7?
Over median by less than 3K, but was converted to a CH 13.

What did your means-test results look like that you got pushed into a 13? (If you don't mind me asking.)

Thanks!

[welovedis]

What did your means-test results look like that you got pushed into a 13? (If you don't mind me asking.)

Thanks!

$199 month left over, but using my DH's income that included some months of OT in it. yeah, I know we were pretty stupid!

[Lenny.Brown]

Everyone mentions having to supply old statements before they filed. Does the US Trustee ever ask for any documents after the filing date...such as Mortgage statements or bank statements?

[StartingOver08]

The only statement I had to provide at the 341 was my bank statement showing the actual balance as of the filing date. Nothing else after the filing date that occurred after the filing date.

[Lenny.Brown]

Thanks for the information.