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Do I pass the means test?

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    Do I pass the means test?

    I am way below the mean in my area, by atleast $20,000 and am semi self employed, but will probably be working soon. Although I pass the initial means test with flying colors, if you look at my past 6 months average I would have a couple hundred dollars in dispoable income to pay on my $28,000 in dicharage debt. Will this force me into a chapter 13 anyway if I do file. Also, I have a roomate, I assume that does not make me a 2 perosn household for the purposes of bankrupties.

    I been search for these answers but found very little that specificlly answers them.
    Filed Ch 7 Pro Se - 9/5/2009
    341 - 10/26/09
    Discharge - 12/30/09
    Closed - 1/4/10

    #2
    Originally posted by sdbird101 View Post
    I been search for these answers but found very little that specificlly answers them.
    First so we can help you better, which state do you live in? What was your total income from all sources looking back over the last six calendar months? How many people (spouse, kids, other adults) are living with you? Do you plan to file alone or with your spouse?
    I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

    06/01/06 - Filed Ch 13
    06/28/06 - 341 Meeting
    07/18/06 - Confirmation Hearing - not confirmed, 3 objections
    10/05/06 - Hearing to resolve 2 trustee objections
    01/24/07 - Judge dismisses mortgage company objection
    09/27/07 - Confirmed at last!
    06/10/11 - Trustee confirms all payments made
    08/10/11 - DISCHARGED !

    10/02/11 - CASE CLOSED
    Countdown: 60 months paid, 0 months to go

    Comment


      #3
      I live in Indiana, the median is $41,000. Over the last 6 months I made about $11,000. Total debt service is about $600 a month Total debt is about 35k and all but $8800 is dishchargable (student loans).

      When I take into account the IRS allowd expenses for my region which are more generous than my actual, I have 100-200 in extra income a month.
      Filed Ch 7 Pro Se - 9/5/2009
      341 - 10/26/09
      Discharge - 12/30/09
      Closed - 1/4/10

      Comment


        #4
        Originally posted by sdbird101 View Post
        I live in Indiana, the median is $41,000.
        Actually for one person, it's $41,697 - http://www.usdoj.gov/ust/eo/bapcpa/2...come_table.htm

        So it's just you? No other family involved?

        Over the last 6 months I made about $11,000.
        This means you are WAY under the median. When you are this far under, then you get to stop after completing the first section of the Means Test - there's no doubt you qualify for Ch 7.

        When I take into account the IRS allowd expenses for my region which are more generous than my actual, I have 100-200 in extra income a month.
        Did you include all your possible expenses that are listed here? http://www.goainc.com/fraley/calcula...alculator.html . Your expenses can include a lot more than just your regular monthly bills.

        So you are saying that when you completed the Means Test on your own using the required IRS expense numbers that are higher than your own and putting in your total income of $11,000 over the last six months, you are still showing $100-200 month in disposable income? That's almost impossible to do. Looking at the information you provided to us, it sure sounds like you qualify for Ch 7 with flying colors.

        Have you had any free initial consultations with experienced bankruptcy lawyers in your area yet? If you haven't, then it's time to do so. They can give you an estimate of whether you actually have disposable income or not. (And I"m betting you don't.)
        Last edited by lrprn; 07-19-2009, 03:49 PM.
        I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

        06/01/06 - Filed Ch 13
        06/28/06 - 341 Meeting
        07/18/06 - Confirmation Hearing - not confirmed, 3 objections
        10/05/06 - Hearing to resolve 2 trustee objections
        01/24/07 - Judge dismisses mortgage company objection
        09/27/07 - Confirmed at last!
        06/10/11 - Trustee confirms all payments made
        08/10/11 - DISCHARGED !

        10/02/11 - CASE CLOSED
        Countdown: 60 months paid, 0 months to go

        Comment


          #5
          Wow, Thanks, that expense calculator is amazing. Yeah I was probably freaking out unessesarily. I am talking with an Attorney this week.
          Filed Ch 7 Pro Se - 9/5/2009
          341 - 10/26/09
          Discharge - 12/30/09
          Closed - 1/4/10

          Comment


            #6
            can i increase my 403b deduction now after filing on 7/10 does that help my expenditures at my 341? How did u guys put your status at the bottom of your text?

            Comment

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