We are filing Chapter 7, we are under the median, so no means test, but we have a little disposible income left over every month, would that push us into a Chapter 13? or are we ok?
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You don't state enough for us to go on..how much is "a little"?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. -
You can do the means test online just to see the results, it will tell you if you qualify for the 7. That's how I found out I would be fine in a 7.
Generally, you will want to be under 100.00 a month and less if possible. As Newbie said, it's hard to help because you didn't say how much.Filed CH 7 4/15/11
341 5/23/11
DISCHARGED & CLOSED ON 7/27/11
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Its only maybe $50-100 every month if that, it is very little!Comment
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Yeah, I've got this same problem. What counts? I feel so afraid to file 13 because I know we have no money left over so if they hit us with a huge payment every month we are hosed if something happens to our health/our house/our car, etc.
But if we calculate everything we're paying out we have a negative balance. So in the real world, we don't have disposable income. And it's all very reasonable things--just our bills, food, insurance, mortgage, student loans. We don't eat out or go shopping or the like.
The means test has it that we do have disposable income. We come out -50 on our regular budget but $200 on the means test.
Someone here told me you can't take student loans in the means test. And there are other bills you can't take of on the means test. So as far as I can tell the real world and the means test don't jibe.Comment
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The thing is, this is not something you need to figure out on your own, this why you hire an attorney. I have yet to see anyone (or very few people) actually do a means test themselves that was correct.Comment
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