Means test and income

[madbuda]

My atty tells me that since I make $75k and income level for my states is $74,668 I can not file chapter 7.

Is there a way around this?? if I do the means test I show aprox $200 in monthly disposable income hence I have to file a chap 13 and am stuck in a 5year plan.

I am debating on taking a 2 week unpaid leave from work to bring my income down below this.

Is this a viable option??? I plan on waiting 3-4 months after my leave before filling.

In a chap 13 my payment would be aprox $350 a month for 5 years.

Also I am married and my wife makes $300 a month working 1 day a week in order to retain her position so she can go back to work in a year or so.

[mtbc]

Have you done the "long" bit of the means test and looked hard for passable expenses that bring your DMI down? A lot of attorneys tell people they're stuck with chapter 13, then they find some other attorney that guides them through a successful chapter 7. Did you talk to a few attorneys? If you honestly don't have enough money each month it would be good to understand why not, and to what extent those expenses can be defended.

[madbuda]

I give my Mom $400 a month as she is disabled and is on supplemental SSI which does not cover her living expenses.

I may be missing something on the means test. In the budget for the chap 13 I was able to list out actual expenses such as formula, diapers, Rent, etc. I don't see anywhere on the means test to list these outside of the cost for housing.

[justbroke]

Taking an unpaid leave is not viable. That's just plain... bad faith.

You could claim your assistance payments to your elderly/handicapped mother. Did your attorney include this? If not, you should ask about this since it is an allowable expense if it's a relative.

Please know that the reason you can't file Chapter 7 isn't because you're over the median. The reason is because you have disposable month income (DMI) over $182.50/month.

[Moneypenny]

Sounds like the OP is very new to this and should speak to a few attorneys. If the OP misunderstood the 1st lawyer as saying "over the mean by 150 bucks a year means you cant file," then that's one thing. But if the lawyer actually said that, the OP should run away from that lawyer as fast as possible.

And if the OP misunderstood, then it means they need to learn a lot more about the process (not that I am an expert) so that they can understand what is going on. It is scary to me to be that defenseless.

seek knowledge! this site helped me.

MMP

ps It might be bad faith to take the leave, but would it be challenged?

[madbuda]

ps It might be bad faith to take the leave, but would it be challenged?

I would be taking the leave for legit family medical purposes to help my Mom out post surgery in May