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how many passed the means test if you were "slightly" above median income?
We are about $2k above our state's median income and our attorney is figuring it out right now. I have taken several means tests online including the one done by the member on the forum and based on our other expenses we passed.
Thanks
Over the median, had negative on the means test and schedule J. We had our 341 today; no questions about expenses asked, just if everything was accurate.
Filed Ch. 7 on 6/1/09
341 Meeting on 6/30/09
Awaiting discharge...
These internet means test are a joke. I took the test and completely failed it. I then went to my BK Attny and despite my income was well outside the norm, I had enough debt to be allowed to file CH7.
So don't always judge the book by its cover (wink). I question how many fail the interent test only to be ok when they sit with an attny.
I was waaayyy over median - but negative after expenses. That is the key, what is left over to fund the 13? If you are negative after expenses you are clearly chapter 7 material.
Filed CH 7 9/30/2008
Discharged Jan 5, 2009! Closed Jan 18, 2009 I am not an attorney. None of my advice is legal advice in any way..
What type of expenses? I certainly do not want to inflate anything, but when I look at what we actually bring home and what is left over yet, the means test shows we have around $200 left. They do not inlcude our loan payments to the 401k however, we have no choice put to pay those you cannot get out that unless you quit your job. We are around $6000 over median for family of 4 and problem is we have 21 year old twins in college but cannot count any expenses except food, and health care costs for them.
Any ideas?
What type of expenses? I certainly do not want to inflate anything, but when I look at what we actually bring home and what is left over yet, the means test shows we have around $200 left. They do not inlcude our loan payments to the 401k however, we have no choice put to pay those you cannot get out that unless you quit your job. We are around $6000 over median for family of 4 and problem is we have 21 year old twins in college but cannot count any expenses except food, and health care costs for them.
Any ideas?
Term life Insurance policies for both husband and wife might take care of most the $200 if you don't already have it.
Or, the premiums for both long and shortterm disability polices.
Also, do you tithe or make regular charitable contributions?
b)
(1) After notice and a hearing, the court, on its own motion or on a motion by the United States trustee, trustee (or bankruptcy administrator, if any), or any party in interest, may dismiss a case filed by an individual debtor under this chapter whose debts are primarily consumer debts, or, with the debtor's consent, convert such a case to a case under chapter 11 or 13 of this title, if it finds that the granting of relief would be an abuse of the provisions of this chapter. In making a determination whether to dismiss a case under this section, the court may not take into consideration whether a debtor has made, or continues to make, charitable contributions (that meet the definition of "charitable contribution" under section 548(d)(3)) to any qualified religious or charitable entity or organization (as that term is defined in section 548(d)(4)).
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