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median and disposable income question

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    median and disposable income question

    I am confused. My husband and I are under the median income for our family size. The online means test states that we qualify for chapter 7. It says that we don't have to complete step 2 but I did anyways and it shows disposable income of $600. Does that mean we wll have to file chapter 13?

    #2
    No but I'd do schedule I&J next. Means test is how they determine abuse.
    Filed: 6-7-2010 341: 7-15-2010 DISCHARGED: 9/17/2010

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      #3
      Originally posted by dazed View Post
      I am confused. My husband and I are under the median income for our family size. The online means test states that we qualify for chapter 7. It says that we don't have to complete step 2 but I did anyways and it shows disposable income of $600. Does that mean we wll have to file chapter 13?
      We just went through this. We were under the median so we didn't need to fill out the means test. But you still have to provide Schedules I and J as the previous poster said. If you have disposable income you will most likely be put in to a 13. There are some things you cannot use as expenses on Sch. J. I do not know all of them, but one is credit cards.

      You need to go over and over your actual income and expenses. Make sure you are not shorting yourself by underestimating what you spend. We were doing that and by the time our meeting was over with the attorney we had no money left. Just like usual.
      9/30/09 * Filed Ch7
      11/9/09 * 341 - Uneventful
      1/11/10 * Closed

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        #4
        You need to find $600 more dollars of expenses.....somewhere. When I went to my atty consults they told me things that I had never even THOUGHT of to count as expenses. I mean, I have a small child, and had to buy a car seat when she was born, another one when she grew out of that, and another one when she grew out of that. Times that by two since her baby sitter requires one for her as well, and there was an extra 100 a month, since you add up the cost and divide by 12.

        All sorts of stuff that you didn't think of are probably expenses......be creative.
        Teacher Momma

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          #5
          Originally posted by dazed View Post
          I am confused. My husband and I are under the median income for our family size. The online means test states that we qualify for chapter 7. It says that we don't have to complete step 2 but I did anyways and it shows disposable income of $600. Does that mean we wll have to file chapter 13?
          Definitely if you do not find the appropriate expenses.

          As an example, if need be, it might be time for a car before you file.
          My comments are solely based on my opinion. The information and links that I have
          posted are provided solely for informational purposes, and do not constitute legal advice

          Comment


            #6
            Originally posted by dazed View Post
            I am confused. My husband and I are under the median income for our family size. The online means test states that we qualify for chapter 7. It says that we don't have to complete step 2 but I did anyways and it shows disposable income of $600. Does that mean we wll have to file chapter 13?
            Do your schedules first. Basically while you pass the income portion for the means test; it's saying that you still have $600 left over at the end of the month to pay towards your creditors. It may very well be that you won't qualify for a 7 with that much disposable income.

            Do the schedules I & J to be sure..
            Filed Pro Se: 10/16/2009
            341 Scheduled: 11/23/2009
            Last Day for Objections: 1/22/2010
            Discharged: 1/28/2010

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              #7
              I highly doubt that in the way BK attorneys figure your expenses, you have anywhere near $600.00 is disposible income. If you are working with an attorney, it will be much easier for you to figure this out.

              Unless you have something special going on like free housing.
              Filed: 9/9/2009
              341: 10/13, went well!
              Discharged 12/17/2009

              Comment

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