Does disposible income come into play if you pass the means test?

[Odie]

I had a consult with a lawyer today, and he said I should "easily" pass the means test given my situation.

I hear a lot of people on here talking about the trustee scrutinizing their spending... does this come into play if you qualify for a Ch 7 without going through the disposible income calculator? My biggest unknown right now is trying to figure out how to keep them from draining my checking/savings accounts....

[keepmine]

You are confusing passing the means test with, allowable exemptions. Most states specify how much cash you may have on hand when you file. You need to either spend down or, convert cash to exempt assets.
Plus, you do have to fill out schedules I and J to get a disposable income number. I think the number now is in the $180/month range that would allow you to fund a Chapter 13.

[msndsy]

Yes, my lawyer told us we can only have around $160 left over/month after all the bills, food etc. or we would have to do a chapter 13 and we are 25K BELOW the median income

[keepmine]

Frankly, if you are below the median and are supporting your family on that income, your lawyer should be skilled enough to help find enough expenses so, you don't have dispsoable income.
The only way I can see someone below the median in a Chapter 13 is, they wish to save secured property orm are living at home and someone else is paying all of their living expenses.

[Odie]

Thanks all

I'm sure it'll all come clear once I'm set up with the lawyer and ready to file

I played with the online means test calculator last night, and from what I could see we're fine as well.

[blaze]

Your attny should definitly be able to help you come up with enough allowable expenses to not show too much disposable income. Ours even listed pet expenses! So think of everything you can and have your attny make sure it's OK. Good luck with your filing!