wage garnishment and means test....

[waldo05]

I had a question that I couldn't find the answer to. I received a notice of garnishment and filed within a week of the notice and was wondering if they will take the amount that will be garnished into consideration in regards to my DMI. I am over the median, but passed the means test by less 100.00 a month, but if my wages will be garnished if they find I dont qualify (dispute some of my calculations) my DMI will be considerably less if my wages are garnished (by about 400.00 a month) if I am not able to file for BK. Hope this makes sense and look forward to your responses.

Thanks in advance!

[newbie2]

When you account for your income you account for all gross income. Garnishments don't matter, as they will stop when you file. (In other words, don't deduct that $400 a month from your income.)

[disconapper]

I had a state tax garnishment and my attorney put that on some line somewhere on my forms.....I'm not sure if it deducted from my income though because I was below the median income before any deductions....

[HHM]

Certain priority creditors with garnishments can be included as an expense (priority tax, child support), but a run of the mill garnishment from a judgment does not get deducted.

And even the garnishments from, say, the IRS get altered, instead of using the garnished amount, you divide the balance due by 60 and put that number down as the expense.