What happens if you dont qualify for a 7 due to means test and if you are put in a 13 you dont have any disposable income left to pay creditors?
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If you don't have disposable income left, then doesn't that mean that you passed the means test regardless of whether you were above the state median or not? -
That was also my concern as I am in the same situation. I can't file Chapter7 (filed 7 years ago) so I have to do a Chapter 13. I saw an attorney last week and I am going to see him again today to file. He made my numbers work. After paying my rent and utilities, I have less than $200 left. My payment is going to be $110.Filed 11/01/08
341 12/03/08
7 payments down - 53 to goComment
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Gee, with only $200 left (minus the your ch 13 payment), that only leaves you with $90! How are you going to make that work?!?Originally posted by MJJ3767 View PostMay 2008 Hired 1st Attorney/Stopped paying CCs
May 21, 2009 Retained 2nd Attorney
May 28th - Filed for Ch 7 (FINALLY!)
9/11/09 - DISCHARGED!!!!
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My question is: Do you include your second mortgage payment in the means test calculation, and on the disposable income calculation (Schedule J), if you are trying to remove it?
I have my first for 192K, my second for 47K, and 25K credit cards. My income is slightly above the average. I am trying to file chapter 13 and remove my second, since the value of my house is around 180K. I pay $515/month for my second mortgage, and around $500/month for credit cards. But all at the expense of feeding 5 people with $600/month.
According to the guidelines I am allowed $1632/month for food, clothes, etc. I would like to file chapter 13 only if my disposable income is no more than $300/month.
I am not sure that I understand completely the the means test, and the disposable income calculation and process.
Which one must use the last 6 months, and which one must use current numbers.
What should I do?
Please advice me.Comment
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