Getting past Mean Wage require

[BrokeAsJoke]

Hello everyone Im new to the site and I have been inquirying about filing a Chapter 7. I keep getting steered to a CH13 by the attorneyes I talk too.

I make 17k over the mean wage in IL, but I have tons of debt do to Real Estate Scam and 20K in Credit Cards debit.

My question is how it this dealt with to ensure I can do a CH7?

I would like to surrender the properties back to the bank and I have requested a Deed in Lieu package from the banks. I can no longer pay the mortgage, currently they are in good standings but I can continue to pay. I also have one property that is deeply past due and I believe foreclosure has begin.

I'm looking for suggestions.

Thanks

[anonymuse]

The attorneys are looking at the means test--you don't necessarily have to have an income below the median income for your state to pass; however, you need to have legitimate necessary expenses that show that your disposable income is less that $100 monthly.

Do the means test and Schedule I (Income) and J (Expenses) to see where you are at so you know where the attorneys are coming from and if you think that you can qualify for Ch 7, go get more free consults from lawyers.

[SinkingFast]

When you look at the figures, are you including expenses for debts that will be discharged if you file BK?? If that's the case, that may be why you are hoping for a Ch 7 and attnys are telling you you'll have to file a Ch 13. You cannot include expenses for debts that will be discharged in the BK.

There is some flexibility in the Median Income on the Means Test,.......... Your mortgage is more than the allowable. Your car payment is higher than the allowable. You have verifiable needs for excess utilities expenses. Childcare. Alimony and child support payments. If you don't have any of those types of expenses, it may be hard to bridge the $17K difference.

[HHM]

Unlike the old system, where some attorney's would suggest doing a chapter 13 although the debtor may qualify for a 7, the new system largely puts that issue to rest. The new mechanics of the means tests is fairly automatic, if you have more than one or two attorneys telling you that you belong in a chapter 13, its a good bet that a chapter 13 is all you are going to qualify for.