Under Median Income By 300 Dollars!!!

[VirginiaGuy]

I just gathered all of my pay stubs for the past six months and after doing the math, I am under the median annual income for my state by just over 300 dollars. Can the court still require me to complete the means test? I have included all my sources of income for the past six months, including salary, unemployment, interest from bank account, etc, and I will still be under the median by about 300 dollars per year. I'm just worried that the trustee will think I'm fudging the numbers because I come so close. If the trustee looks at my pay stubs, he or she will see that I've been laid off twice this year and have experienced cuts in hours and pay, so it should be obvious that I'm not hiding anything and that it's just a cooincidence that I'm so close to the median (and if you just look at my current income, I'm well below the median!). I am working with two very smart attorney friends on this and they both say that I am eligible for Chapter 7 with or without the means test, but they both say that I should try to fall under the median because the means test is really irritating. Anyone else come this close to the median and not have to complete the means test?

[pookieny]

I was under by $22 and no presumption of abuse.

[mamaluv]

If you are under the median you do not have to do the means test...however your schedule I & J are what's going to matter.

[aces67]

Yes it's your I and J that's important. Do those show disposable income?

[VirginiaGuy]

Haven't started the I and J yet but as I recall the I looks at current income and the J looks at current expenses. If you subtract my current expenses from my current income, you end up with a deficit.

[music12]

then you should be just fine for a ch7.

just because you are close to the median does not mean you are lying!

[HakunaMatata]

I'm right there with you (under by $339) and I foster the same fears! I haven't completed schedules i and j yet. This should be interesting!

Good luck!