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Over Median and close to Means

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    Over Median and close to Means

    I had an initial consultation with a lawyer in Texas and he didn't seem interested in helping me when he found out I was above the median income. I plugged in numbers with the online means test and I come out about 200-300 above now, but my income will dropped in each month going forward. I was wondering if anybody with experience in Texas knows if the trustees push you to chapter 13 if you barley qualify through the means test? That is the impression I got from my initial visit with an attorney.
    Also, I am not certain but if my parents have me named on their CD, will that be a problem with my bankruptcy either 7 or 13.
    Thanks for the help.

    #2
    Regardless of what state you live in, if you have $200-300 DMI and you are over your state's median income you would be forced into a 13. And, if you are a named account holder on your parents' CD, rather than being an account beneficiary, that would most likely be considered your asset.

    Did the attorney you met with run a means test at all? And, are you sure that you didn't miss any of your monthly expenses when you tried the online test?
    CH7 Filed 2/26/2009 (no asset)
    341 Meeting 4/7/2009
    Discharged 7/10/2009
    Closed 7/28/2009

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      #3
      No, he just looked at income and since he doesn't do chapter 13's he wasn't interested. I get the impression though that the trustee can force you into Chapter 13 even if you qualify via the means test. I used the online calculator from legalconsumer. Is there another online means test that is simpler for us Texas folks to understand.

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        #4
        It sounds like delaying for a couple three months may enough to get you under the Median income level?

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          #5
          We were slightly over the means and our Schedule J showed $199/mth excess. Look at my signature line and you'll see we are now being converted to a Ch 13.
          11/18/08 filed CH 7; 341: 12/11/09, cont'd to 01/06/09
          03/21/09 341 hearing for CH 13
          04/27/09 Confirmation hearing for CH 13
          $199/mth for 60 months + $9K 2008 income tax refund

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