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means under/ actual over ???

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    means under/ actual over ???

    We are under median on the means test due to unemployment during the 6 month period.

    Hubby got a new job so we would be over if they did just this month and looking forward.

    That being said, we have an approximate net income of 7k/mo for a family of 6, and my best real estimates put our projected expenses at 7k/mo.

    If my expenses are real (they are), and they allow all of them (a question for another thread) will the current 7k/mo trigger a flip to ch 13 the way it would have if we had not passed the means test?

    Schedule I and J are within $15 of each other and my list of expenses is $10 less a month than the means test projected.
    I am not an attorney. I am just a fellow passenger on a sinking ship. Anything posted above is my opinion or best guess, and nothing more.

    #2
    Qualifyng by being under medium income for the 6 months prior to filing only means that there is no "presumption of abuse". The US Trustee, the Court or any interested party has the right to seek the dismissal of a Chapter 7 under 11 USC 707(b) if granting a Discharge would be a "substantial abuse". This provision allows one to look at factors other than Form 22(A) such as your real income and your real expenses. Your real expenses do have limits. For example, you can't be spending $700 per month on recreation.

    If your real income and your real expenses leave you in the hole (or very close to it) then you will be fine. From what you have posted, it appears you will not have any issues.

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