getting kinda nervous cause im getting close to the date i can file. my question is if i fall below the household median do i automatically qualify for chapter 7 ? my next question is if i have a truck and a bike loan can the trustee consider the bike a luxury and make me include it ?
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1. Being below median simply means there is no "presumption of abuse" in filing. If your Schedule I & J show that you have the ability to pay then you still can be booted out of 7 based upon "cause".
2. All loans are "included". Certain loans you continue to pay if you want to keep the collateral. A Chapter 7 Trustee's job is not to tell you that you have to give up an unnecessary asset that is the subject of a secured loan, unless there is non exempt equity in the asset that the Trustee can get his/her hands on. Such is not the case in a Chapter 13.
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