Wait a DARNED minute. Why is lawyer doing means if we're under median???

[CatsInTrouble]

We have appt this afternoon. He said he wants to look over the "budget"- which, I think, means that he wants to run our numbers through the means test. I bet he's prepping in case we're pushed into a 13.


We're only a $138 below median, and that's only due to my business expenses, which I guess could be debateable (well, I don't think they are debateable, but...).

Guess I'm just nervous and obsessing. Like the rest of us. I haven't cried in years, but I bet I cry with relief when this is over.

[HHM]

BECAUSE, you still have to do the MEANS test and you still have to file out schedule I & J. (income and expense) regardless of median income.

There are two parts to the means test. If you are under median, you only need to do part one. HOWEVER, you still must complete schedules I & J in your BK petition which is your Income and Expense. If you show disposible income on I & J, the COURT can still push you into chapter 13.

The only way to actually "bypass" the means test is to classify your case non-consumer, which means that more than 50% of your debt is identifiable as non-consumer debt (i.e. business debt).

[ansky0007]

Even if you are under the means but have disposable income the trustee can push you into a 13, Your lawyer is probably planning your schedule J to make sure you dont have disposable income listed on the petition.

[CatsInTrouble]

Ansky, that's what I figured. We're under median, barely, and our means test through LegalConsumer came out -63. So that's good. Thanks, HHM.