Is it ok to buy more expensive things that are needed?

[Snax]

I'm not following you.....Are you saying that if you spend the extra money that somehow it shows less disposable income???? If that's what you're saying then you do not fully understand the Means Test.

The Means Test is based on averages allowable expense not one time expense like a hot tub cover or work boots. Your Income is determined by the BK code, which states its the average of the past 6 months starting the prior to the month you file BK. There is not gray area.

I more or less understood that. I just don't want to get into an area of presumption of abuse by taking excess cash to purchase deferred necessities in lieu of paying debt.

In terms of the means test, I know that we are on fairly solid ground for a ch7 with only $66k in eligible income to consider for a family of 5, leaving us only $250 left over before we pay for things like food and fuel! (Child support received covers our otherwise impossible deficit there, but as I understand it, is excluded from the test.)

[Snax]

In terms of the means test, I know that we are on fairly solid ground for a ch7 with only $66k in eligible income to consider for a family of 5, leaving us only $250 left over before we pay for things like food and fuel! (Child support received covers our otherwise impossible deficit there, but as I understand it, is excluded from the test.)

WRONG!!! My wife had told me this but I just confirmed otherwise. This puts us about $1500 over the Oregon median! We don't qualify for a 7 by the secondary calculation.

The up side is that the prior six months does include a triple-check month. The down side is that it was just this last December. Looks like we will have to wait until June to do this - and I need to avoid overtime as much as possible until then. It's plenty of time to save up attorney fees I suppose while tossing peanuts to the creditors.

[chad9162]

WRONG!!! My wife had told me this but I just confirmed otherwise. This puts us about $1500 over the Oregon median! We don't qualify for a 7 by the secondary calculation.

The up side is that the prior six months does include a triple-check month. The down side is that it was just this last December. Looks like we will have to wait until June to do this - and I need to avoid overtime as much as possible until then. It's plenty of time to save up attorney fees I suppose while tossing peanuts to the creditors.

Before you throw in the towel I'd have a few attorneys in your area run the numbers. Sometimes they know what expense will be "excepted" vs what you "think" is excepted. A lot of people use minimum expense when it can actually be an average...Attorneys can also find expense you forgot to include.

[creditgone]

I understand about the boots, DH needs to have the RedW's for work. I think his are about 170 too. Wally world brand would be destroyed in a week. Wally's are fine if you work in a warehouse but unless you have ever worked knee deep in a trench nobody will know how much of a necessity these are. When you are doing serious construction work these are needed as a saftey issue not just because you just want them.