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    Means test question

    I am recalculating my Means test.

    I am way over the median but when I factor in my State/Fed and self employment tax along with my mortgage I am under the abuse presumption.

    I will be asking my attorney but how does the Means test get factored in to the schedule I&J?

    Is the means test enough if I can support my tax and mortgage claim?

    i.e. which (if either) does the trustee look at more closely or does it matter since they are looking for assets to sell?
    Very fortunate in the grand scheme of things but have learned my lesson.

    Filed 12/15/08, 341 1/12/09, Cont to 2/12/09, cont to 3/12/09, cont to 4/15/09, cont to 5/11/09, cont to 6/02/09. Discharged 9/16/09, Closed 10/23/09

    #2
    Originally posted by Lajazz947 View Post
    I will be asking my attorney but how does the Means test get factored in to the schedule I&J?
    There's variance in whether the Means Test or Schedules gets more emphasis between different local courts. It's a gray area of the bk law. Ask your lawyer which one your court prefers to demonstrate if you have disposable income.

    Is the means test enough if I can support my tax and mortgage claim?
    With your income level, if you file Ch 7 better count on both your Means Test and Schedules being examined with a fine tooth comb by your local trustee and the US trustee.
    I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

    06/01/06 - Filed Ch 13
    06/28/06 - 341 Meeting
    07/18/06 - Confirmation Hearing - not confirmed, 3 objections
    10/05/06 - Hearing to resolve 2 trustee objections
    01/24/07 - Judge dismisses mortgage company objection
    09/27/07 - Confirmed at last!
    06/10/11 - Trustee confirms all payments made
    08/10/11 - DISCHARGED !

    10/02/11 - CASE CLOSED
    Countdown: 60 months paid, 0 months to go

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