I recently took the means test, and I never had to go beyond the first part because my income was below the median for my area. Is there any way that I would have to file Chapter 13 instead of Chapter 7 or am I safe?
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First Meeting With Lawyer - 10/26/07
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Theoretically,............... If your Schedule I vs Schedule J were to show excess disposable income ($100/mo or more), you could be forced into Ch 13. But we've never heard of it happening here on the Forum.
Just be sure you note all your real life expenses and take everything that's normally accepted by your Court.Filed Ch 7 - 09/06
Discharged - 12/2006
Officially Declared No Asset - 03/2007
Closed - 04/2007
I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.
Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen... -
You still need to go to the next step, even though you're below the median. You need to know how much of your monthly income is not accounted for by listing your expenses. If you have too much disposable cash left over after paying your bills (not including your CC's) you may be in a 13 situation. Any good lawyer will be able to tell you how to fix this though. They know pretty much what will fly, and what won't, as far as acceptable amounts for your expenses. Read back in the posts here and you'll find some expense worksheets to give you ideas of what to list for expenses. The general rule of thumb is to account for all of your living expenses and end up as close to zero as possible, with not more than $100 left over. If you have a decent lawyer he/she won't file your paperwork as a Ch7 if it doesn't pass both tests.Comment
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