File now or wait?

[enginerd]

From what I've read on this site, the median income used for the means test is expected to be lowered in October. Thus, making it more difficult to pass.

I am over the median, but pass by filling out the rest of the form. But, only if I use my income. My wife receives unemployment which is expected to end in 2 weeks (if we don't apply for the extension). Using her income would definately put us in a Chapter 13.

My original plan was to let the unemployment run out, wait a few months, and then file chapter 7. My attourney mentioned that they could file an affidavit (or something) that would allow us to not include her unemployment, and thus qualify us for Chapter 7.

Has anyone had a similar situation (we live in michigan)? From what I've read on this site, people in Michigan have to include their unemployment... Maybe it was because they were still receiving it. Could that be the catch?

I'm afraid that if I don't file now, and the median income decreases, I might not pass the means test and end up in a Chapter 13.

[backtoschool]

In Michigan unemployment is counted as income on the means test, and an affadavit is only going to raise a red flag with the trustee to look at all your income and expenses more closely.

If you received unemployment in the six month look back period in Michigan it is counted as income on the means test. It is exempt from creditors and is part of your exemptions, so maybe that is what you are confusing.

In my opinion it is worse to file a special "affadavit" and try to get a chapter 7, then to worry that the median income is going to fall.

Your attorney is probably going to try for "special circumstances" which is a huge red flag and often gets the US trustee involved as well. Do a search on "special circumstances" and you will see that using this argument on the means test is often problematic.

[AngelinaCatHub]

Look, you are C7 meat. We went C7 when we were going to go for 13. Wife was "down-sized" and we had to 7. She is two years into UC. Go for it. You do not know when it will end. list it of course, keep it honest by all means but you are here for a reason. If you then are C13 meat, you can change this if UC runs out. Of course, if they stop paying all those now unemployed in this Country, ALL HELL will break out. Bk will be the least of the problem. Anyway, go for it. We were 7 and UC was in place. 'Hub