Chapter 7 Means Test Qualification

[lizardtime]

I live in Utah with my fiance and her 3 kids, and our 1 kid. So total of 2 adults and 4 kids. We are not married. She does not work. If I wanted to pass the income test based on the median for the state, would I be able to use the 6-person household income limits even though we are not married??

If I used my income versus the 1 person household median income, I would make too much. If I make too much, then I must prove my bills and all that are too much to pay etc to qualify for a chapter 7, correct?

Let's say I am able to use the 6 person household income limit, if we are well under that limit, then we qualify and no more questions asked when it comes to the ability to repay?

Thanks in advance!

[HHM]

Household size tends to use Census rules. If they live in your house and depend on your income, they are part of your household. So, I would think you can claim a 6 person household in your case.

If you are under median, then "in general" you get chapter 7 with no questions asks unless the over all circumstances of your case indicate an ability to repay (but it is rare).

[tcreegan]

Hi lizardtime,

You are paying all the bills, right? You get a household of 6....

When you do the means test, if you are under median then you can skip all the expense questions.

Expenses will show up again on Schedule J, and income on Schedule I
I minus J = DMI (disposable monthly income) You want DMI to be less than a hundred or so.

Go to your courts website and download Schedule J and start working on that. With 4 kids I imagine you have more than enough expenses!

Tom in Colo