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Urgent: Means Test vs. Disposable Income

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    Urgent: Means Test vs. Disposable Income

    My previous chapter 13 wad dismissed in August because I did not make my payments on time. Today I am meeting with my attorney to file a new case.

    I am 4,000 below the median income for my state (Virginia), BUT based on the allowable IRS calculations/deductions, it appears that I should have $500 per month of disposable income.

    Does this mean that the trustee is going to object to my plan and put me in another 13 plan?

    My total debt is only about 24,000.

    #2
    Originally posted by chewy96 View Post
    I am 4,000 below the median income for my state (Virginia), BUT based on the allowable IRS calculations/deductions, it appears that I should have $500 per month of disposable income.
    Where is the $500 of disposable income showing? On your Means Test or on Schedules I&J?

    Does this mean that the trustee is going to object to my plan and put me in another 13 plan?
    If you file a case that shows $500 disposable income, then yes, it's very likely you are headed back into Ch 13.

    My total debt is only about 24,000.
    Why did you file Ch 13 originally? You are below the median income for VA - were you trying to save an asset that was behind on payments? Did your original filing show this much disposable income as well?
    I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

    06/01/06 - Filed Ch 13
    06/28/06 - 341 Meeting
    07/18/06 - Confirmation Hearing - not confirmed, 3 objections
    10/05/06 - Hearing to resolve 2 trustee objections
    01/24/07 - Judge dismisses mortgage company objection
    09/27/07 - Confirmed at last!
    06/10/11 - Trustee confirms all payments made
    08/10/11 - DISCHARGED !

    10/02/11 - CASE CLOSED
    Countdown: 60 months paid, 0 months to go

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