Is this chapter 7 or 8?

[mkysp]

I've been doing some research and i'm still not really clear on this so I thought I would ask here and hope someone who knows can help.

Me and my wife are thinking of filing for chapter 7. We are about 2k below median income for family of four. Does that automatically qualify us for chapter 7? After doing the means test we still have a disposable monthly income of around 1k. Does this mean instead that our case will be converted to chapter 13 - since we still have some means of paying off our debt?

It seems like some posters still are having to do a means test when they are below the median income and some web sites seems to be stating that you automatically qualify for chapter 7 if you're below the median income. I'm confused.

[HHM]

Correct, if you still show disposible income notwithstanding the fact that you are below median, you can still be forced into a chapter 13.

[chad9162]

I've been doing some research and i'm still not really clear on this so I thought I would ask here and hope someone who knows can help.

Me and my wife are thinking of filing for chapter 7. We are about 2k below median income for family of four. Does that automatically qualify us for chapter 7?

YES....

After doing the means test we still have a disposable monthly income of around 1k. Does this mean instead that our case will be converted to chapter 13 - since we still have some means of paying off our debt?

It depends...If you have the ability to pay your debt then yes they could force you into Chap 13.

But...you probably don't have as much disposable monthly income as you think. Most people at this point have cut expenses drastically. I'm sure there are several expenses you're not including in your monthly expenses. You need to meet with attorneys in your area and see what is allowed by your trustee since certain things like expenses are district specific.

[JoeBankrupt33]

When you do the means test, you stop when your income is below median. You don't need to fill out the rest of the test, and it does not matter what the results would have been.

What you need to do is fill out schedules I and J which show income versus expenses. This is where you want income vs. expenses to balance out, more or less. If your actual expenses do not use up your income (and your actual expenses are not unreasonable), then you could get pushed into a 13.