Over the means test. Can I still file 7?

[ELBKnow]

Just curious. I live in Michigan.

[dspii]

There are some good online means test calculators that allow you to enter expenses if you are over the median and that may bring you back down. I think it's on the Nolo site. If you choose to file C7 and you are way over the median, the US Trustee will likely look close at your case. Talk to a couple BK lawyers and see what they say about your situation in your district.

[HHM]

Is it possible, yes. Is it likely, no.

It depends on the specific circumstances. What has happened or what expenses do you have that make it so you cannot pay anything back to your creditors?

[Snax]

I think this is where an attorney can really earn their pay, particularly in recognizing whether your entries for expenses and income are proper. I've filled out the test 4 seperate times now myself, passing on two occassions, failing on the others. Not sure whether what I included is proper or not! (Fortunately we will fall well below the median at the end of May, so I'm not too worried.)

They can't fudge the numbers, but they might offer clarification on things that could make all of the difference.

[BenzUp]

Check with attorney. None of the online means tests indicated I would qualify for Ch. 7 because my income is too high. So I went to attorney thinking I'd have to do Ch. 13. He ran all my numbers and I did, in fact, qualify for Ch. 7 because of all my secured debts.

[MarieT]

Check with attorney. None of the online means tests indicated I would qualify for Ch. 7 because my income is too high. So I went to attorney thinking I'd have to do Ch. 13. He ran all my numbers and I did, in fact, qualify for Ch. 7 because of all my secured debts.

I am thinking that maybe the reason I passed the NOLO online means test is because I have a high house payment and IRS debt. Maybe the attorney I checked with was too quick to immediately say that because of income it would be Ch13. We're over $100,000 but not much.

[pcn]

You can add us to the "you can't file ch7" but did group. Over the median and 100k+ unsecured.

[MarieT]

You can add us to the "you can't file ch7" but did group. Over the median and 100k+ unsecured.

Thanks...I am definitely checking this out with another attorney!

[Snax]

What I am beginning to see from reading this board is that whether one can file for a 7 or not appears to be up to the judge despite the rigors of the means test. I take this as positive encouragement to file for the 7 if you are enduring a real hardship. If it is converted to a 13, and that's not acceptable, withdraw the filing. But you wont know if you don't try. Either way, getting an attorney involved would likely be money well spent.

[liz417]

It's all about your numbers. I was told I wouldn't qualify either (over the median by $21k), but when I did the test online (many times), plugged in my numbers, ch 7. I went to 6 different attorneys and most took one look at my income and said ch 13 only (they didn't even want to listen about my expenses). So again, it's all about your (allowable) expenses, you can use the IRS Guidelines, but if you exceed any of the catagories, be prepared to show proof of the expense.

BTW: The UST never got involved with the BK either (I was prepared!).