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Took a sample means test

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    Took a sample means test

    Does this look like abuse?

    48 Enter the amount from Line 18 (Monthly Income)
    $7,004
    49 Enter the amount from Line 47 (All Deductions from Income)
    $ 7,362
    50 Monthly disposable income (Line 48 - Line 49) $ -358
    51 60-month disposable income (Line 50) x 60
    Amount you could pay in a hypothetical five-year Chapter 13 plan.
    $ -21,504

    52 Initial presumption determination
    IF RESULT
    Amount on Line 51 is less than $6,575 Pass Means test
    Amount on Line 51 is more than $10,950 Fail Means Test
    Amount on Line 51 is more than $6,575 but less than $10,950 Pass IF Line 51 < Line 54
    Fail IF Line 51 > Line 54
    Because the amount on line 51 is less than $6,575, the presumption of abuse does not arise. You pass the means test. Do not complete the remainder of Part 6

    Do you think this would pass for chap 7 or is this going to bring up flags.

    What puts me in the negative is a housepayment 2k
    Childcare.
    Carpayment.
    Out of pocket health expenses.
    Last edited by TBLTZ; 06-23-2009, 03:09 PM.

    #2
    It depends what's in that "All Deductions from Income" number ($7,362). For an initial "test", it looks fine as you have negative disposable income (which is what you want).

    Assuming that house payment is $2K, payroll taxes of $2K, where's the other $3.3K?
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

    Comment


      #3
      Originally posted by justbroke View Post
      It depends what's in that "All Deductions from Income" number ($7,362). For an initial "test", it looks fine as you have negative disposable income (which is what you want).

      Assuming that house payment is $2K, payroll taxes of $2K, where's the other $3.3K?
      417$-Carpayment
      500-Childcare
      180 Health Insurance
      579-Carpayment
      the rest is standard state deducations that the means test gives you.

      Comment


        #4
        Originally posted by TBLTZ View Post
        417$-Carpayment
        500-Childcare
        180 Health Insurance
        579-Carpayment
        the rest is standard state deducations that the means test gives you.
        They may gripe about that $579 2nd car payment, but deal with that then. It wouldn't even matter since you're so far in the hole. What I mean is, even if they said you can only claim $489 for that car (the national standard), the difference of $90 isn't going to make your disposable income positive... so don't worry!

        Other than that... looks good to me.
        Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
        Status: (Auto) Discharged and Closed! 5/10
        Visit My BKForum Blog: justbroke's Blog

        Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

        Comment


          #5
          Originally posted by justbroke View Post
          They may gripe about that $579 2nd car payment, but deal with that then. It wouldn't even matter since you're so far in the hole. What I mean is, even if they said you can only claim $489 for that car (the national standard), the difference of $90 isn't going to make your disposable income positive... so don't worry!

          Other than that... looks good to me.
          what i wil probably do is buy a new used car with a payment of 300-400 a month and let them repossess the 579 car when we file bk.

          Comment

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