Disposable Income Question

[Falcon]

Question, what is the allowable disposable income around the country? Does it vary from state to state? Ive heard its from $110 per month to as much as $180 per month.

Also, I bought a house 9 months ago (still current and plan to stay that way) and my girlfriend lives with me and some months she contributes $150 towards the house payment, sometimes she contributes $300. She will be student teaching later this year and wont contribute ANYTHING most likely.....will her contributions need to be counted towards mine?

Thanks

[lrprn]

Question, what is the allowable disposable income around the country? Does it vary from state to state? Ive heard its from $110 per month to as much as $180 per month.

The numbers you are quoting are the *minimum* disposable income levels showing on the Means Test and Schedule I minus J.

If the disposable income figure is below approx $110/month, then you qualify to file Ch 7. However, if the figure is above approx $180/month, then it's very likely you'll be forced into Ch 13 instead. Between $110 and $180/month, you could file Ch 7 or be forced into a 13 - it depends on your personal financial situation, your trustee, and the typical practices in your local bk court. An experienced bk attorney in your area can tell you what to anticipate in your situation.

Also, I bought a house 9 months ago (still current and plan to stay that way) and my girlfriend lives with me and some months she contributes $150 towards the house payment, sometimes she contributes $300. .....will her contributions need to be counted towards mine?

All of your gf's income that she contributed to the running of your household (rent, utilities, groceries, etc) over the six months prior to filing will be counted into your prior-six-calendar-months gross income figures when you file.

She will be student teaching later this year and wont contribute ANYTHING most likely...

Your Ch 7 estate is set on the day of filing. What's going to happen in the future doesn't matter.

If your gross income calculations are over the median with your gf's contributions added in, then if you can, wait to file until her contributions drop off long enough to get your income under the median.

[Falcon]

The numbers you are quoting are the *minimum* disposable income levels showing on the Means Test and Schedule I minus J.

If the disposable income figure is below approx $110/month, then you qualify to file Ch 7. However, if the figure is above approx $180/month, then it's very likely you'll be forced into Ch 13 instead. Between $110 and $180/month, you could file Ch 7 or be forced into a 13 - it depends on your personal financial situation, your trustee, and the typical practices in your local bk court. An experienced bk attorney in your area can tell you what to anticipate in your situation.

All of your gf's income that she contributed to the running of your household (rent, utilities, groceries, etc) over the six months prior to filing will be counted into your prior-six-calendar-months gross income figures when you file.

Your Ch 7 estate is set on the day of filing. What's going to happen in the future doesn't matter.

If your gross income calculations are over the median with your gf's contributions added in, then if you can, wait to file until her contributions drop off long enough to get your income under the median.

Even with her income and mine combined we are still under the median. I make $2200 per month myself gross, and with her $300 that bumps it up to 2500 per month combined. So we still pass the means test in that regard, but Im worried about the itemized expenditures.

Also, even though she lives with me, the means test calculator says I can only count myself as a member of the household and not her. Yet I still have to count her contributions to the household. That basically lowers the allowance for food/utilities ect for a one person household, but there are two of us living here. Sounds screwed up.

Also, my bills add up to $2300 per month but I alone make $2200....only with her contribution added in does it put me at $2500 per month.....$200 over the limit.

NB

[Falcon]

Also, if I only qualify for Chapter 13....and say Im 6 months into paying whatever they determine I should pay.....what if I get a raise at work? Do they take that, too?

Nick

[Llelxon]

Also, if I only qualify for Chapter 13....and say Im 6 months into paying whatever they determine I should pay.....what if I get a raise at work? Do they take that, too?

Nick

I am not an expert on this, but from what I have read on hear it depends on the size of the raise. Generally in a 13 they will just look at your taxes every year and if they see increasing pay of over 10% they will adjust your payment plan accordingly.