over the median

[havequestion]

Just spoke with first Attorney and have our intial consulation set up for Tuesday.
My husband and I make 90,000.
The median for a 6 family household is 82-84,000, therefore we don't qualify for a 7.

Is that right? I thought we had to do the means test and check for abuse.
I've been reading the forums for 3 days now and things are getting jumbled.

Thanks
We are in SW Florida

[mama2three]

Just because you are over median doesn't necessarily mean you don't qualify for the Chapter 7. Qualifying for a 7 is all about your expenses. Try taking one of the online means tests. My husband and I are going thru a 7 and are about $5,000 over median and it didn't raise any eyebrows and we are in the 60 day club. Some attorneys don't like to deal with overmedian 7s. That's why this board usually suggests to consult with 3-4 different attorneys.

Good luck to you.

[havequestion]

that is what I thought. during our phone interview just now, he acted like it was a done deal. We already have 2 more intial visits set up for next week.

[LimpDisc]

Try using the means test link below. Were over the median by $13,000 and qualify for CH7.

http://www.legalconsumer.com/bankruptcy/nolo/

[StartingOver08]

I am also in Fl and make substantially over median income.
It is all about your DMI (disposable monthly income). If the attorney is not willing to look at your schedules I and J with you - then get another attorney. All attorney's are NOT alike. There are some good ones out there, but you have to look for them.

[havequestion]

I used the means calculator provided by LimpDisc and it came out to $7 a month.
I think we have some attorney shopping to do.

[whipster1]

Yep some attorneys don't take over median 7's because the UST always scrutinizes them very closely...so more work for the atty. If your I/J come out to zero left over without anything real inflated you should be fine.

[JimKutkowski]

Yep some attorneys don't take over median 7's because the UST always scrutinizes them very closely...so more work for the atty. If your I/J come out to zero left over without anything real inflated you should be fine.

I primarily practice in Chapter 13, so if a Chapter 7 comes in that is over my head, I do my best to find a more proficient Chapter 7 attorney that I.

I did recently take an over-median Chapter 7 and the U.S. Trustee was strict but fair, if things get slow here in Chapter 13-land (not likely) I'll take more of these cases, but it is better for the client to get a Chapter 7 specialist to do their over-median Chapter 7.

[liz417]

I was $21k over the median and still was able to file a ch 7. It's all about your expenses. It's good you have a few more consults set up, I interviewed 6 attorneys and all but 2 said it would be a ch 13 for me only....hmmmm.

[dakota112]

So to Mr. Jim if I am not over the median now as I am letting my income fall off to stay under the median and file CH 7, but soon afterwards even before the 341 meeting should start earning above median monthly income by one or 2 thou a month but my sch J still shows neg numbers because of my absolutely necessary business expenses, can I be forced into a CH13? My family will hopefully help us survive the post filing months when help will be needed to cover living expenses, car leases etc until I can get back on my feet. Thanks for any input here.