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Default Judgment - Include on Means Test?

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    #16
    Tried to edit my above post, but couldn't! Wanted to add that my large federal tax lien debt is spread over multiple years and some of it is probably dischargeable (assuming that as of today, Aug 17, 2010, only 1040 debt from 2006 or earlier would be dischargeable, right?) So the amount that is dischargeable cannot be included in my means test (dang), BUT it will be discharged in my Chapter 7 such that my wages and bank accounts cannot be attached, true?

    Thanks.

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      #17
      Car Expense

      Hello everyone!

      Floridagail, if you are still around....the DOJ US Trustee website says one car expense per taxpayer on the means test.

      Tom in Colo
      Ch7 filed 5/12/2010.....341 meeting 6/30/2010....report of no distribution 8/15/2010.....discharged 10/01/2010.....closed 11/09/2010

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        #18
        tcreegan, I used the NOLO press means calculator and it allowed you to include car 1 and car 2. I'm pretty sure you can do it.

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          #19
          Originally posted by nceguyfromne View Post
          I'm sorry, I should have read your post a little more carefully. I see what you're saying now. It is obviously not a Schedule J expense but in terms of the Means Test, I am pretty sure you are correct that this judgment is a legitimate non-priority debt that can be factored into your Means Test formulas to determine whether or not you have the means to pay at least 25% of your non-priority debt over the next 60 months and avoid being converted to a Chapter 13. It shouldn't matter at all that it is not being actively collected. A court has ruled you owe the money.
          Someone else on another thread said that since the original of the debt was an unsecured credit card, it could NOT be included on the Means Test.

          My main desire is that I can claim it on the Means Test even if I cannot claim it on Schedule J. In my situation, since I am currently unemployed, all that matters is for me to pass the Means Test.

          I made above-median income, but since becoming unemployed, my last 6 months average income is dropping like a stone.

          I expect to still be over median for the next 2 months, but I have some large tax bills and this judgment on the credit card. If I can include them, I should pass the Means Test.

          Question: Does anyone know for certain if I can include this judgment? (An actual case reference would be awesome!)

          Question: Assuming it could be included, on which line of the Chapter 7 Means Test does it go?
          Over Median Income - 10/04/10--Filed Pro Se Chap 7/ No Assets 11/10/10--341 Held 01/18/11-- No Distribution/No Funds 01/19/11--Not subject to dismissal under 521(i)(1) AND --Reaffirmation Hearing Held = APPROVED 02/10/11--Discharged

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            #20
            GMAN: Judgments that are not dischargable (certain personal injury judgments, domestic obligation judgments, etc) can be included on the means test. Yours is for a credit card debt (correct me if I am wrong). If it is, then it cannot be used as an expense.
            Filed Chapter 13 02/2006 - Confirmed 05/2006 - Discharged 09/2011
            I'm not an attorney. My replies are merely suggestions or observations, not legal advice. As always, consult with an attorney before making any decisions.

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