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Chapter 7/13 Disposable Income Question

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    Chapter 7/13 Disposable Income Question

    When determining disposable income, what amounts does one use? For example, if the allowed expense for something is $200, but you actually pay $150, which amount is actually used to determine disposable income? Is it some average of the two or do people just put the higher amount?

    During a Chapter 7, even though taxes and student loans are not dischargeable, are they taken into consideration at all? I owe so much in these categories and I know I have to pay them back either way. But do they consider this when determining my disposable income, i.e., that I'll never really be able to make a dent in those debts if I don't get the Chapter 7 discharge.

    Should I begin in a Chapter 7 and see if it gets converted to a Chapter 13?

    #2
    I am new to these forums, but I have found posters to be of tremendous value so far.

    I would offer that almost every bankruptcy attorney offers a free consultation. If you grab one or two, and compare what they say to you, you may find it a very good exercise. Perhaps, check the internet for bankruptcy attorney with your city or zip code. Those discussions are privileged attorney-client discussions.

    I did it, and it helped get a lot of issues researched. I'm maybe only one step ahead of you in my own research, and there are others way way ahead, but just a tip... get the free consults!

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      #3
      The means test uses the IRS standards -- if they give you $200 for a category, then that's what you get, you don't lower it by substituting in what you actually pay for a given item.

      Your tax and student loan payments are entered into your monthly expense categories, and are counted in the calculation.

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