does any one pass mean test

[jerryjones]

Does any one pass means test when there income is higher then median income. Since my income is much higher then median income, but my mortagage and car payments are very high, that is why i am passing means teat every time. I am coming upto negative disposable income. I am sure I can file for CH 7.
Is there anyone in this situation? or file for BK ch 7 in this situation? and if you did what was trustee's reaction.

[Walnut]

I was over the median by about $9000. Passed means test by showing $69 left. Schedules I and J showed me with negative DI. I just had my 341 on Friday and so far US Trustee has declined to get involved and BK Trustee signed us off as no-asset. So we are now waiting 60 days for discharge.

One thing if you are over the median I strongly suggest you hire an attorney.

[lrprn]

Until you've had your free consultations with 2-3 bk attorneys, don't assume filing Ch 7 is a given just yet.

After Oct 2005, you can now claim only a certain set amount for 'local transportation expense standards' that by law is set by the IRS, not by your actual car expense costs. See http://www.usdoj.gov/ust/eo/bapcpa/2...anstesting.htm - scroll down to Section II IRS Data, 2. Local Standards, b. Local Transportation Expense Standards. Select your area of the country from the drop down list. These are the figures that you must use on the first part of the Means Test, not your actual car payment and upkeep costs.

If your car payment is a great deal more than what is allowed by the IRS standards, then this could skew the Means Test results and you may now show at least $160/month of disposable income - this is the break point where Ch 13 has to be filed rather than Ch 7.

If you are a high income filer with a high-value home you hope to retain after Ch 7, I hope you are planning to file with a very experienced bk-specialty lawyer. If you file Ch 7, your case will be gone over in great detail by your trustee and very likely the US trustee as well. Not a situation to file pro se (without a lawyer).

Keep us posted on what you find out, and good luck to you!