Qualify for Chapter 7?

[shell_741]

Ok, so I retained my lawyer, and he seemed to think Chapter 7 no problem after a short interview. I'm working on the mountain of paperwork, lol. I'm concerned though, I'm well under the median in Ohio, but if I don't pay the credit cards, we actually have a decent amount of money left over after paying bills. Will this put me into a Chap 13? I'm okay with that if that's the only alternative, I just can't keep up with minimums anymore, let alone get ahead.

[notforsale]

I am in TN, but I understand that if you would have money available if it were not for the debts after paying you basic living expenses that you will have to go 13. I would call my atty to get clarification on this. Remember, that 13 will only last up to 6o mths, so you will be much better off at the end of the period b/c you are then out of those debts. Good luck!

[music12]

i would check again if it's really true you will have money left over. if you are under median, that's probably unlikely - life is expensive!

so think again about expenses you might have left out. there are many threads in this forum with people's various lists for expenses which can help trigger your memory.

[AngelinaCatHub]

Wait a minute........ You are going chapter 7 and can pass the means test, right? You would have money if you didn't have all these CC's, right? And if you get your bk you will have money, right? Then you think you will be thrown into C13 because you have money, right? Am I right in what I am understanding what you said????

What do you think "a new start" means? It means "sin no more" change your ways. You now have a comfortable amount of money. Use it wisely.

You don't have a problem. My opinion. 'Hub

[Pizza]

I thought that if you were under the median the means test dosn't even come into play...

"To apply the means test, courts look at the debtor's average income for the 6 months prior to filing and compare it to the median income for that state. For example, the median annual income for a single wage-earner in California is $42,012. If the income is below the median, then Chapter 7 remains open as an option. If the income exceeds the median, the remaining parts of the means test comes into play."

Source: ezinearticles.com: The New Bankruptcy Means Test...

[music12]

true, however they still look at schedules I & J for income minus expenses to see if there is money left over.

[keepmine]

Fill this out and see where you stand.

http://www.legalconsumer.com/bankruptcy/means-test/index.php

[OhioFiler]

This site would be more appropriate to help the OP balance her Schedules I and J.

Expense Calculator

[MakinMeCrazy]

Ohio Filer!!!!!!!!! that is a GREAT site.thank you, I can know see what I will be asked to list as exspenses.thank again!!!!!

[killinstinct]

Wait a minute........ You are going chapter 7 and can pass the means test, right? You would have money if you didn't have all these CC's, right? And if you get your bk you will have money, right? Then you think you will be thrown into C13 because you have money, right? Am I right in what I am understanding what you said????

What do you think "a new start" means? It means "sin no more" change your ways. You now have a comfortable amount of money. Use it wisely.

You don't have a problem. My opinion. 'Hub

I agree. Check with lawyers in your area (free consultations! free consulations!!). Every district can be a bit different, but my lawyer said that when we filed and were UNDER MEDIAN our case would be DONE in three months. He flat out guaranteed it. And lawyers don't talk like that.

Basically he said under median filers were being shuffled through the system without a second look...it's the above median filers that may get attention...the courts and TT's are just too busy right now...