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Means test and Boat payment

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    Means test and Boat payment

    I'm new to the forum,but have read alot of great info. I did a searh and couldn't find the answer.

    I am right on the edge of passing the means test. I have two cars that I have included.

    I also have a boat that I want to keep with a monthly payment of $183.

    If I include that in the section for payments on secured debts, I will pass the means test. I am current on the payments of both cars and the boat.

    Can this count, or is it some type of luxury item and not allowed in the means test calculation.

    thanks in advance,

    BCA
    Wife Laid off - 11/16/2009 Missed First Payments - 12/5/2009
    Filed Chap 7 - 12/31/2009
    341 - 2/12/2010
    Discharged - 4/19/2010

    #2
    Anybody??
    Wife Laid off - 11/16/2009 Missed First Payments - 12/5/2009
    Filed Chap 7 - 12/31/2009
    341 - 2/12/2010
    Discharged - 4/19/2010

    Comment


      #3
      Originally posted by BCA2009 View Post
      I'm new to the forum,but have read alot of great info. I did a searh and couldn't find the answer.

      I am right on the edge of passing the means test. I have two cars that I have included.

      I also have a boat that I want to keep with a monthly payment of $183.

      If I include that in the section for payments on secured debts, I will pass the means test. I am current on the payments of both cars and the boat.

      Can this count, or is it some type of luxury item and not allowed in the means test calculation.

      thanks in advance,

      BCA
      Have you hired an attorney or are you pro filing youself? If you have hired an attorney, what was his/her advice about the boat? I know that having a car is a practical need depending on if the car is able to be covered by exemptions and not way upside down (ride through or reaffirm if there is an active car loan), but I am not sure about having the boat expense in the means test and whether it is considered a luxury or not. Probably to the eyes of some trustees, they might see this as a luxury. I hope everything works out for you though.
      Chapter 13 filer since Feb. 2018 under a 60 months payment plan
      Please think positive and do not give up!

      Comment


        #4
        I was in court today for a reaffirmation. A couple ahead of me wanted to reaffirm their boat. The judge was NOT happy about it, and did not allow it. He called it a luxury item and said that based on the numbers in their schedules he could not approve it.
        8-07-09-filed Chapter 7
        11-18-09-DISCHARGED!!

        Life is not what challenges you face, but how you face those challenges.

        Comment


          #5
          I'm going to use an attorney, but he hasn't put the means test together, I kinda assumed I couldn't do the boat, although there is no equity. I guess if I pass the means test without using the cost of the boat payment, I could probably reaffirm down the road if I haven't got too far behind on payments.

          Thanks,
          Wife Laid off - 11/16/2009 Missed First Payments - 12/5/2009
          Filed Chap 7 - 12/31/2009
          341 - 2/12/2010
          Discharged - 4/19/2010

          Comment

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