Filed today, passed means test but had to file a 13...for 36 months

[flower04]

We filled out all our paperwork and were ready to go with the 7 only to get to the office and realize the paperwork was for a 13. After a LONG (think super expensive) converstaion with our attorney, she explained that we passed the one section of the means test (we are above state median income by about 10k) but not the other and it was found that we had $167 of excess cash to pay debtors.
So, we are in a 13. Our payment amount is still be adjusted because of incomin medical expenses, but looks like it is going to be around $700 which includes our $400 car payment. 8% payback.

I'm bummed that we have to do a 13 but glad that we can keep the car and house (for the time being).

I didn't realize there were so many parts to the means test. Be sure you konw where you stand if you are close to either passing or not or you could be in our shoes.

[Billssuck]

I was under the median income by $800/yr and also had a negative DMI and still filled ch13. Our family size would have been litigated with a ch 7 due to my adult son living at home, I have about $6K a year in business expenses that would have been disputed with our median income so close, and our monthly mortgage expense was high and would have had to go to a high level trustee if we had tried for a ch7. So...we discussed the possibility of each type of BK and decided to go the ch13. As you can see in my signature, the monthly amount is low. I suggest also that your attorney needs to be experienced with your district and know how things are treated on a case-by-case basis.