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Monthly Debt Owed or Monthly Debt Paying?

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    Monthly Debt Owed or Monthly Debt Paying?

    Hi all,

    I've got the Nolo book and I've tried to find the answer here but it's pretty hard to sift through...

    If I go by monthly debt that I am paying every month, I am (so far) a few hundred dollars over on the means test. If I go by the monthly amount I *should* be paying to creditors, I easily qualify under the means test.

    Some of my creditors I haven't paid in nearly a year. Can they be factored in?

    Thanks.

    #2
    If by creditors you mean credit cards or other unsecured debt, you don't count those payments on the mean test. So you can't count any credit card payments, etc. You also can't count 401K loan payments on the means test. You CAN count things like mortgage, rent, and vehicle payments.
    Filed Ch.7 on 03/17
    Statement of Presumed abuse filed 707(b) 05/03
    Statement of Non-Abuse filed!!
    Discharged 06/23/10

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