Question LegalConsumer.com site - how accurate/reliable?

[artgood]

I have been using the means test calculator on LegalConsumer.com for Indiana. I have put in all the numbers as thoroughly as possible, and even though we will be over the median by about $100, it says I've got a negative DMI.

On one hand that is good - I may be able to do a Chapter 7, but on the other hand I feel like I keep screwing something up.

One of the questions I have (for anyone that uses the site) is if the site lists the national standard for something (rent/mortgage, clothing, etc.), and won't let me input my own figures, is that also what the attorney and trustee will use. For example, the mortgage or rent allowance is $909, but my actual rent is $500.

What figure will my attorney use?

I figure either we are going to be ok, or we are majorly screwed and should flee to an uninhabited island somewhere!

[ccsjoe]

For the means test you use the allowance. My rent is 1650, allowance is 1766, we used the latter. The only instance in which you use your figures is when they exceed the allowance, in which case you need to be ready to document them.

Now, for Schedule J you use real figures, no allowances there.

[artgood]

Ok... so if on the means test I have a negative DMI, do I still get forced into a chapter 13??? I'm slightly confused (being sick probably not helping me).

[NowImDownInIt]

No, you may be eligible for a Ch. 7 in that case. I would say definitely, but I am not an attorney so I can't. Sounds to me like if you were honest on the means test on there then you should be eligible for the 7. You can't fund a 13 with negative DMI.

[ccsjoe]

On the means test, having a negative or slightly positive DMI merely means that there's no presumption of abuse in your filing for relief under Chapter 7. After reading that, I'll give you three tries to guess the answer, and the first two won't even count!!