Can DMI be solely based on the means test?

[optimistic1]

I talked to another attorney today about my pending Ch.13 case, and this is what he/she told me.

Because I am under the median, she assumed, and is right, that the means test form will calculate negative disposable monthly income.

Based on that, he/she implied that the unsecured claims will get nothing, and the only thing to be paid through my plan will be my car and some taxes, oh yeah and the trustee fees.

He/She told me that the value to be used for my car should be KBB trade in value, not private party, I sure as hell dont mind, trade in is thousands lower.

I always assumed that the disposable monthly income for someone in my case would be determined from schedules I and J, but maybe in my district, it is ruled differently.

All of this sounds too good to be true, but I am hoping that the attorney is correct, they do bankruptcys all the time I am sure.

What do you think?

[HHM]

If you are below median, you don't even go to part II of the means test. In that case, your DMI would be based on I & J. In a chapter 13, you do have to show some DMI in order to pay those claims that are included in the plan.

[optimistic1]

Right, as line 23 on the (B22C) means test explicitly states. That is what has me thinking twice about this firm, but I cant be the first Ch.13 they have had, so it is ticking me off to be perfectly honest.

I was under the assumption that the DMI just shows you have money to go towards the unsecured creditor claims. The part of the book I am reading clearly states, in the category "what you must pay through your plan", it clearly states that you must also pay all of your remaining disposable income into your plan, which make me thinks "no duh", but it sounds like they imply as though its an asset that is not exempt.

Also, that to determine your DMI, if you are below, you then use Schedules I&J, and if your above median you use line 58 of the means test.

Then it goes on to say that courts rule the matter differently in both scenarios, so if that is the case where I live and they take my DMI as line 58, (even though you dont go to part 2 being under.) then my attorney would be correct, or the paralegal does all the legwork.

So at this point I feel like I did about 6 months ago, just nervous as hell thinking about just what exactly is my plan payment gonna be, once some firm gets a hold of me.

I suppose the only way to find out will be to just file and get it over with already.

I am assuming that the firm will fight to make my payment as possible taking into account that most of expenses are so far below the IRS standards that they can provide me with cushion to fill the gap.

I know they use BestCase, I have it, but its difficult to use, and I haven't read the manual on it, nor do I even have the time.