chapter 7 means test

[buckaroo]

reside in new jersey, medium income $54,273. my income including social security $30k. can i be forced to file chapter 13

[kl030505]

From what I understand - and I am certainly no expert - the trustee can push anyone they please into a 13... but if you are that far below the median income you are probably fine.

[lrprn]

reside in new jersey, medium income $54,273. my income including social security $30k. can i be forced to file chapter 13

Actually in New Jersey after 10/2007 the median income for one earner (which I assume you are) is now $54,596 - http://www.usdoj.gov/ust/eo/bapcpa/2...come_table.htm .

With your income of $30,000 which includes protected SS income and is well below the median, Ch 13 would be highly unlikely. Trustees have to see a minimum of $160/month disposable income showing on your Means Test and Schedules PLUS your creditors have to receive what they would if you filed Ch 7. That would be highly unlikely given your income level.

Set up free or low-cost appointments with several bankruptcy lawyers in your area for peace of mind. There's no obligation.

[jaina]

As long as your schedules show less than $150 remaining, you should be fine. Since your income is already well below the state minimum, you don't have to go all the way through the means test. You already pass the first requirement and it says to stop. Few people that make well below the medium get pushed into a 13. Make sure your expense schedule shows EVERYTHING that you're spending on.

[buckaroo]

apparently my attorney did not do very good job, i ended up in a chapter 13 with payback amount of $560.00 motnthly which is paying back just about 45 percent of unsecured debt,

[325Falcon]

$560/mo WOW!! With a income 24K below mediean? How can this be?

[buckaroo]

maybe attorney zapped me, have appointment tuesday see different attorney, retained attorney not returning phone calls, going to attempt to convert to 7

[jp2861]

$560/mo WOW!! With a income 24K below mediean? How can this be?

I doubt it happens very often. One example could be a person that has a job, but living with parents or a friend and not paying rent. Anytime someone is in a situation where they have low expenses, which results in high disposable income, they're at risk for a 13, regardless of where they fall on the median scale.

[lrprn]

In buckaroo's situation, he/she filed the Ch 13 voluntarily on the advice of their lawyer. The trustee did not force buckaroo into Ch 13 after filing Ch 7.

Buckaroo may have been trying to save their house or was in arrears on filing day and had to file Ch 13 to save an asset they wanted to keep.

Don't confuse the trustee forcing a Ch 7 filer into Ch 13 with a filer voluntarily filing Ch 13 when they could have filed Ch 7. Those are two totally different situations.

[buckaroo]

no assets whatsoever am 74 years old, pay rent and utilities, divorced only income social security and small pension, trustee did not force me itno a 13 thats what my lawyer put me in 21 months ago