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    Ch7 ?

    First off I'd like to say this forum has really given me a lot of good info during this difficult time. On to my question. I went to talk to a BK lawyer about filing for Ch7 this week. He told me I can do it but he wasn't sure about my income for the means test. According to FL I make 700.00 more than what they allow for this state. So does that mean I would have to file Ch13 because of this or can I still do a Ch7? I asked the lawyer when he told me this and he said he wasn't sure. I have another appt on Fri with another lawyer and I was told I can. I would rather do a Ch7 than 13 but if I have to do a 13 then so be it. Thanks in advance and I will be living on this site until I am done .

    #2
    There is flexibility in the Means Test with regards to the Median Income.

    Being over the Median simply means you have to file form B22C and proceed further into the test than the first check point for abuse. Actual Income vs the Median Allowed Income.

    Both Secured and Priority Debts are given preference on the Means Test. If you pay $1500/mo in mortgage payment and the Schedules allowable is only $1000/mo, you'll get to deduct the additional $500/mo later on the Means Test. If you have a car payment that's higher than the Schedules Allowable, you get to deduct the excess difference. If you owe back taxes, you'd get to deduct that monthly amount. It would really be no problem to take care of $700/year if you have Secured or Priority debts.

    Here's a link for you to a quick and dirty Means Test Calculator:

    http://www.legalconsumer.com/means-t...ator/index.php
    Filed Ch 7 - 09/06
    Discharged - 12/2006
    Officially Declared No Asset - 03/2007
    Closed - 04/2007

    I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

    Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

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      #3
      Thanks for the link. If I did it right, I passed so there is some hope. I can't wait until Friday. I am so ready to get this ball rolling! Also If anyone is from FL and has been through this process could you chime in as to give me an idea of what to expect. Thnaks!

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