I took the means test, and my gross income is over the median income for my zip code. However, I still do not make enough net income to cover my living expenses.... even when I cut the fat. How will I ever pay into a Chapter 13 installment plan? Is there anyway to petition for a Chapter 7 despite my income being over the median according to the means test?
-
-
u can still do a chapter7 if u pass the MEANS TESTOriginally posted by RLOPE View Post
have u done the means test?
Filed chapter 7 on 9/17
341 on 10/20
Chapter 7 Trustee's Report of No Distribution on 10/21
Discharged and Case Closed on 12/21/2010
-
I started it, but did not complete it. I will meeting w/ my lawyer for the first time, and I believe she's going to make a determination of whether I qualify for a Chapt. 7 or not. But are you saying that despite my income, I may still qualify for a Chapter 7?Comment
-
thats what i am sayingOriginally posted by RLOPE View Post
thats why u need to do the means test
if your monthly expenses are more than your monthly income u can do a chapter 7
can u post your income and expenses?u will get a lot more helpFiled chapter 7 on 9/17 341 on 10/20
Chapter 7 Trustee's Report of No Distribution on 10/21
Discharged and Case Closed on 12/21/2010Comment
-
RLOPE,
Passing or failing a means test simply affects the determination of a presumption of abuse in the filing of a CH7. Passing = "No presumption of abuse", failing = Presumption of abuse". As scorpion indicated correctly, it is possible to successfully file for CH7 while failing the means test. Your DMI has to be watertight negative as you will reeive unwanted scrutiny and attention, you can expect your expenses to be diced, sliced and microanalyzed. You will simply file your paperwork with "the presumption of abuse arises" checked off. Of course, here's where a good attorney also really counts. A good atorney, familiar with your district's trustees and practices, will be able to massage your income and expenses as well as to fight for your rights.Stopped paying: 08/10, Filed CH7: 08/27/10 , 341 & No Asset Report: 10/6/10, Last day to object: 12/06/10, Discharged: 12/07/10, Closed: 12/08/10
AHEM.....NOT AN ATTORNEY, NOT ADVICE, ETC, ETCComment
-
If your attorney says you must file 13, see another attorney or 2. We went to attorney and she wanted my BF to file 13 tomorrow,
He may lose his job,so why rush into a 13. They want 13 because it is more money. A good attorney will try to help you get the fresh start asap.chpt 7 ,5-2009Comment
-
Being over the median income does not disqualify you from filing for Ch 7; that's just the first indicator. If you are below median you do not need to go any further and automatically qualify. However, the next parts of the test are to determine whether those who make above the median can still qualify for a 7. That's why it is important for you to take the entire Means Test. We are over median by about $18k and still qualified for Ch 7. Don't just rely on an attorney to make this determination for you. You need to take this test and be familiar with your own numbers.Originally posted by RLOPE View PostFiled Ch. 7: 10-28-2010 Report of No Distribution: 12-16-2010 Disharged and Closed 2-18-1011Comment
-
We ran through the Means Test a few times before we passed it.
We had pared down our family budget so tight that we didn't have some of the things most people consider necessary for basic living.
Once we added those items, not only did the prospect of life in the future get a lot brighter, but we also passed the means test.
Term life insurance, reliable car, good health insurance, low insurance deductible, etc.
We also dug up all the health receipts and found our expenses were way higher than we had realized.
There might be some benefit in looking over the test again and rethinking/rechecking your expense categories.There are two secrets for success in life:
1.) Never tell everything you know.Comment
Comment