Means test and state median income questions

[yoyoma51]

According to Moderator lrprn:

"Although everyone who files Ch 7 is scared silly this will happen to them, we have not had one single member here in two years since the current law went into effect who was under the state median and still was forced by the trustee to convert to Ch 13.

I thought this was VERY unlikely.

You can view the post here:

http://www.bkforum.com/showthread.php?t=20275

[wingnut]

What do you have to lose?

Hey,

Either way, why not at least TRY for Chapter 7, especially if you're under the median?

Is there a penalty for having your BK adjusted by a trustee from 7 to 13? I doubt it!

Have you tried calling a local law office about this? Without scheduling an appointment, a couple firms around here were more than happy to answer that question. They also said that the standards were national.

What was their answer? Call them up yourself and find out!

Good Luck,

Wingnut

PS: Although 1 in 250 BKs are supposed to be audited, I think the large and increasing volume of BKs will work to Ch 7 filer's advantage...

PPS: Here are some notes regarding means testing:

http://www.uscourts.gov/rules/BK_Forms_08_Official/B_22_CN_Cum08.pdf