Will I automaticly qualify for chapter 7 if im at about 1/2 of the median income? Median income is 61K for my area with a family of 3 and me and my spouse make about 30k combined. We only made 30K for the past few years and my wife didn't work for 5 months out of this year and recently just got a job.This year is not going to be 30K it will be more like 20-25K.
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Passing the means test is a good step. For the most part it just means you will not automatically be a presumed abuse case. The next step is to do the expenses test. There is a link to it somewhere around here. That is what determines whether you will be a 7 or 13. It depends on your disposable income. Sounds like it should not be an issue for you.9/30/09 * Filed Ch7
11/9/09 * 341 - Uneventful
1/11/10 * Closed -
Like the other poster indicated....I learned the hard way. It doesn't matter if you are below the median if you submit your schedules showing you have significant disposable income. Our attorney didn't do a great job advising us on the situation and we submitted with $550 disposable income every month. The UST thought that sounded like a good reason to be a 13....had to amend our expenses.Filed Chapter 7: 10/29/09 341 Meeting: 12/02/09
UST involved: 12/12/09 UST out: 1/10/10
Last day for objections: 2/01/10 Discharged: 2/8/10Comment
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Ok,so do I claim my mortgage payment and 2nd mortgage in expenses if I'm surrendering my home? I also have student loans on deferment that i'm going to have to start paying back very soon. Can I clam the house payments even though I havent paid them in months? I'm in Ohio if that helps.Comment
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I am not sure about the student loan part. Since we were surrendering our house we put our upcoming rent. You can look up the standard IRS housing cost for your area. You have to live somewhere.Originally posted by Spaz30 View Post9/30/09 * Filed Ch7
11/9/09 * 341 - Uneventful
1/11/10 * ClosedComment
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Can you put upcomming rent if you don't have a place in mind yet? I know rent usually goes for about $500-$650 around here but since we have some time before foreclosure I was hoping to save for a couple months then secure a rental after we file and go to the 341.Comment
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I don't understand why you can't include your mortgage payment as an expense? I don't think it matters that you haven't been able to pay it or that your surrendering the home. Hopefully a more savvy member can clear that up?Filed CH7 Feb 12 2010
341 March 18
Discharged...May 18
Awaiting closing...Comment
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These 2 links lead me to believe I don't need the means test and automaticly qualify. Can someone clarify this a little bit. I am at about 50% of the median income for Ohio.Comment
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If you put an expected rent that's within IRS local guidelines for your area, and also in line with expected reality, then I'd expect that to fly fairly well even if you don't yet have a lease signed. It is important not to leave too much DMI on Schedule J, though, however the B22 form went.Comment
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however the B22 form went.[/QUOTE]
Sorry I don't understand this quote,I am new to this and trying to figure it out. What do you mean when you say "the b22 form went"? Is there no longer a b22 form? I did see the form you are talking about but am lost.
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No, it didn't disappear! It's like if I ask how your colonoscopy went (not that I'm going to). (-:
I mean, there's the first bit on that form, where you see if your income's under the state median, and if it isn't then there's the further bit on that same form where you fill in a lot more to see if you still manage to escape the presumption of abuse.Comment
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I understand what you mean now exactly, thank you for clearing it up.Comment
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