New to forum...lots of questions.

[Cobra611]

Good evening everyone,
I'm new to this site and I'm seeking support for a possible bankruptcy filing. After being out of work since April '09 (only worked 4 months earlier this year), my debt has gotten the best of me. While I've been heavily in debt over the last 10 years, I have been able to stay on top of things. Now, bankruptcy has become a reality for me. I spoke with a local attorney(actually 3 separate lawyers) to gather info, and just submitted all my information today, for the means test. I have to be honest, but while taking an online means test, I couldn't figure most of it out. I don't consider myself an idiot, but this test proves me wrong:-) To make a long story short, can someone give me a simple way of figuring out if I pass, while I wait for the results from the lawyer? Does the means test take into consideration what I pay each month for my unsecured bills? My car? Our mortgage? I live in NY, and our monthly average income is twice what is allowed to file Ch. 7. As I sit here and wait to hear back from the lawyer, I'm hoping someone can help ease my mind.

Anyway, I feel as though I am rambling here. I have lots of questions, but they're not coming out right.

Thanks!

[NewPage]

What site did you use?

I too find things a little bit confusing, but what helped me the most was to use the calculator at nolo.com. That links to where you enter your zip code; this link is an article that talks about using it. Apologies if this is where you have already been.

Is Your Income More Than the Median?

The first step is simple: If your current monthly income is less than the median income for a household of your size in your state, you pass. Period. You're done. You do not need to complete the rest of the means test. You can file for Chapter 7.

For where I am located, when I choose my family size I get this:

6 person
household

Avg. Monthly Income
(past 6 months)
$7,184
per month

6-Month Total:
$43,104

12 month annualized
$86,208

Which leads me to this:

You Pass!

Chapter 7 is an option.

Not legally required to complete means test form, but may want to anyway.*

So based on that, I qualify for Chapter 7. I don't need to deal with the Means Test.

Start with the income thing, and see where you fall for your income/family size. Go from there.

[NewPage]

Sorry, I see you answered already to some things I asked. Is that the calculator you used? When you fill in your zip and family size, on the right it gives you info about what is allowed for expenses and so on.

Our household income isn't entered in what I put below, so it says $0.

Applicable Local & National Standards
Assumptions:

Household Size: 6
Vehicles:
- on which you pay operating expenses: 1
- on which you pay ownership or lease expenses: 1

County: xxxx
Metro Area: West Region
Monthly income for means test : $0 (line 18)
Housing expenses

Oregon Bankruptcy Informationfor 5 or more persons in xxxx County, OR.

$525 allowance for housing and utilities, non-mortgage expenses

and

$876 allowance for mortgage/rent expenses
(This is a minimum amount. if your mortgage payment is higher, you get the full amount of the mortgage.Not so for rent, unfortunately.)
Living expenses

$1,895 allowance for food, clothing, household supplies, personal care, miscellaneous (Source: National Standards (for 6-person households, regardless of income.)
Out-of-Pocket Healthcare expenses

$0 allowance for 'out-of-pocket healthcare costs' other than health insurance

(Source:
National Standards for
* 0 persons under 65
@$60/person and
* 0 persons 65 or over
@$144/person.
See line 19B)
Transportation expenses

$236 allowance for mass transit or vehicle operation expenses (i.e. gas, repairs, maintenance) for 1 vehicle in West Region

$ 489 allowance for vehicle ownership or lease expenses for 1 vehicle . (This is the standard amount. If your car loan payment is higher, you can deduct the full amount of the car loan. Not so for lease expenses, unfortunately.)
$ 4,028 = Total Standard Deductions