Over Median

[aswoy]

Hello,

I'm so glad I found this message board. It's just what I needed.

My family of 4 is just over the median for Texas. We're surrendering
a rental property and trying to discharge 28k in unsecured debt.
Our attorney is great. She's been doing this for 22 years.

Our car is paid off and the car I drive is a company car. We are thinking
of getting a car to help our budget for the means test. In addition
our kids daycare is going up $150-200 a month.

Has anyone out there filed a over median Chapter 7 and been successful?
Don't really want to get into a Chapter 13 if possible.

Any help is appreciated.

Thanks Much!

D

[justbroke]

Many people do file being well over median and they'll be chiming in shortly.

Your main concern will be if you have little disposable income after expenses. Your lawyer seems to be doing well... by not already pushing towards a Chapter 13.

Being over the median, your expenses are going to be very important. Make sure you have negative disposable income, that your expenses are able to be documented, and you have some give in your expenses (in case the Trustee complains). This will avoid all surprises!

Since you're working with a great lawyer, I'm sure you'll be fine.

[deadbroke99]

I was 25,000 over median and we were able to file due to our expenses.

[liz417]

I was over the median and able to file a ch 7...it's all about expenses.

Your attorney seems to be guiding you in the right direction. Good Luck!

[aces67]

It's definitely all in your expenses. Make sure you include everything you normally spend money on. I ended up going back through my bank statements for 6 months and I found things I had totally forgotten about. Every little bit helps!

[OhioFiler]

The means test is to determine if the presumption of abuse arises, not if you are actually abusing the statute. Your petition simply earns additional scrutiny.