How exactly does this work?

[morallyBR2]

On my income test, I bring home 2400 a month roughly. My bills NOT including credit card payments is 2100. That leaves me 300 a month roughly. So can I qualify for a chapter 7 or would it be 13? What if I wanted to save some money or buy something I need. How does that work?

[FreshLikeADaisy]

Morally, the *biggest* (but not the only) indicator of whether you are eligible for a Chapter 7 or a Chapter 13 is the means test. You pretty much have to do that first to determine in which direction you're going to proceed.

That said, an excess of $300 a month in a Ch7 might be enough to cause a trustee to consider moving you to a Ch13. Honestly, if you pass the means test -- which means your income is already under the median for your area -- I think chances are VERY good that you could review your actual expenses and have it break even. I mean, if you're considering bk right now, how many months or even years have you been scrimping and going without to try to make everything work? Once you stop paying the unsecureds, are you *really* going to be left with $300 that you can do nothing with but stick under the mattress?

But first, do the means test. There are several online means test calculators; I like the one at http://www.legalconsumer.com but you can google around for others. Do that first, and *then* worry about expenses. Good luck!!!

[morallyBR2]

Thanks for the info Ms. Daisy! I'm sure glad I found this forum, it has really shed some light on some of my worries.