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    Help, means test failure

    After taking the IRS site means test for NC this is what got:

    (we are currently behind on all cc bills and are running negative each month due to trying to catch up...because I was paying the cc bills when I didn't really have enough money to do so)

    SO, what does this all mean. I am working on a budget to live monthly on, but is putting kids in soccer, paying for band uniforms, etc considered luxuries? I cannot figure out how we are suppose to have over $1,000 left per month.
    If we cannot file Ch 7 and must do Ch 13 is there someone who is going to sit down with us and figure out how to make it work monthly?

    Thanks in advance for any info.




    Bottom Line

    Based on the information you have entered so far, you are not eligible for for Chapter 7 bankruptcy because your monthly income of $9,850 exceeds the median for 7-person households in North Carolina ($7,570), and your expenses will leave you with disposable income of more than $182.50 per month and therefore would amount to more than $10,950 over the next five years.

    Summary of your data:

    Your average monthly income is $9,850 and, so far, you have expense deductions totaling $8,608 per month. That would leave you with $1,242 at the end of each month to pay into a hypothetical, five-year Chapter 13 bankruptcy plan, which would pay your unsecured creditors $74,510 over the next five years, or 60 cents for each dollar of the $125,000 you owe them.

    #2
    Another quick question....

    where does groceries, shoes, new water heater, etc fit into this test?

    Comment


      #3
      The first part is just about your income on the means test.

      On the second part if you are above avg, then you would fill in the rest and it has spaces for all those I believe.

      In many districts band, soccer, and other extracurricular activities can be considered luxuries

      Some folks low ball themselves on groceries and such, make sure you used a realistic amount not the amount you have been getting by on cause you paid the CC first.

      Groceries go in food
      Shoes in clothing
      Water Heater in home maintance
      Last edited by JRScott; 03-24-2009, 08:31 AM. Reason: clarification
      May 31st, 2007: Petition Filed by my lawyer
      July 2nd, 2007: 341 Meeting Held
      September 4th, 2007: Discharged and Closed.

      Comment


        #4
        Are the expenses each itemized because on the means test I took online it gave standardized expenses based on my zipcode?

        Comment


          #5
          The main reason I am praying for a Ch 7 filing is because DH's job is not secure nor recession proof and if we were to get into a Ch 13 repayment then I am afraid that we would not be able to honor the payments.

          Believe me I'd much rather avoid filing and do debt management because at least then we would not have the BK following us for the rest of our lives.

          Comment


            #6
            What is the IRS site means test?

            Did you do this one?

            Comment


              #7
              Originally posted by momxx5 View Post
              The main reason I am praying for a Ch 7 filing is because DH's job is not secure nor recession proof and if we were to get into a Ch 13 repayment then I am afraid that we would not be able to honor the payments.

              Believe me I'd much rather avoid filing and do debt management because at least then we would not have the BK following us for the rest of our lives.
              Have you talked to a lawyer? I asked the lawyers I have interviewed so far about what happen if income changes drastically. My wife's job might end up on the chopping block at some point. The responses I got were to amend the plan showing the new income level (changing your payment), if you aren't able to continue in a CH13 then convert to CH7.

              If you haven't, talk to a few lawyers in the area. They know what the trustees look for, what will fly and what won't. You need specific answers to your situation in your area.

              Comment


                #8
                Originally posted by momxx5 View Post
                The main reason I am praying for a Ch 7 filing is because DH's job is not secure nor recession proof and if we were to get into a Ch 13 repayment then I am afraid that we would not be able to honor the payments.

                Believe me I'd much rather avoid filing and do debt management because at least then we would not have the BK following us for the rest of our lives.

                If you go C13 and your husband loses his job you would be able to convert to a C7.
                Well, I did. Every one of 'em. Mostly I remember the last one. The wild finish. A guy standing on a station platform in the rain with a comical look in his face because his insides have been kicked out. -Rick

                Comment


                  #9
                  More Attorney and Filing Fees to convert from 13 to 7.

                  Luci

                  Comment


                    #10
                    Yes that is the website I used.

                    I already have talked to an atty. He needs all our paperwork, along with a narrative history of how we got into this situation...unable to pay cc accounts, so that he can figure out which to file.
                    He says that Ch 13 would be no problem, but again I am hoping to do Ch 7 and he said it depends.
                    He said the Trustees are easier to understand but we have 2 judges and one is very harsh.

                    We can officially retain him on the 31st.(payday)

                    Comment

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