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What happens if your slightly over the means test for your state? forced into BK13?

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    #31
    Well, did you get a discount? (Congratulations!)
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

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      #32
      There are over 150 different things to attack in the means test, so you aren't completely cooked if you are just slightly over median. One of the good ones is the age of the car. If it is 6 years old or 75,000 miles or more on the odometer you can add $200 per month to your car maintenance expense.

      The guide I use when working on a tough case is this one (it isn't mine)

      Its a couple of years dated and some things have changed, but the BK judges are very flexible, even in my district, (considered the toughest Bankruptcy bench in the country) with interpreting the statutes of the means test.


      As far as my personal best, I had a client who was on his face $3188 above median who I was able to qualify for Chapter 7 using this guide, so there is some powerful stuff here.
      I am a Pennsylvania Eastern and Middle District Bankruptcy, FDCPA, FCRA and Foreclosure Defense attorney, information I post is based on experience in these districts. It is not legal counsel, consider it friendly counsel.

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