Means Test

[mamaof2]

we are over the median income by around 700-800 for the year, but have yet to find out about whether or not we have any disposable income..anywho, i would just like to know if anyone else has been in this situation and still filed a ch7, did you have any problems or no? also my biggest thing is, does the lawyer help you fill out the means test, or do they just kinda throw it at you to do by yourself? I just dont want to screw it up.

[TEW]

we are over the median income by around 700-800 for the year, but have yet to find out about whether or not we have any disposable income..anywho, i would just like to know if anyone else has been in this situation and still filed a ch7, did you have any problems or no? also my biggest thing is, does the lawyer help you fill out the means test, or do they just kinda throw it at you to do by yourself? I just dont want to screw it up.

Yes the lawyer will fill out and file your petition If you are 700 or 800 above the medium income for your state with out doing the means test you could not have a problem.

[chad9162]

we are over the median income by around 700-800 for the year, (

Yeah I'm over like $700-$800 a month....So don't worry. If you have a lot of secured debt then median income doesn't matter....

I used the Nolo's means test...

Some people complained about it but I found it useful. You just have to know how to fill it out .....that's what the form is for.

And yes, your attorney should complete the means test for you.

Here's Nolo's...scroll down to calculator....means test calculator

http://www.nolo.com/article.cfm/objectId/8400442E-EEE8-4479-A8D109AFB7E2E9CA/catID/283B9600-ECC3-49ED-9D9A20A3E13F42E0/213/161/128/ART/

[mamaof2]

thanks, i bought the nolo book, and it is very informitive. I just think that the lawyer would do a better job on a means test than we would by trying to do it ourselves, so i am glad to hear that they will do it.

[chad9162]

thanks, i bought the nolo book, and it is very informitive. I just think that the lawyer would do a better job on a means test than we would by trying to do it ourselves, so i am glad to hear that they will do it.

I'm one those people who believe I can always do it better. So I will be checking my attorneys paperwork!!

[mamaof2]

i feel the same way, i would just hope that he can halp with any issues that might come up.

[mamaof2]

i dont really have alot of secured debts...just my house, truck and husbands motorcycle, but we have alot of unsecured debt (around 74000.00 in ccs and unsecured loans), i just hope that being over the median, that small of an amount, wont cause any problems. also..on the means test, if you have a high deductable health insurance, does that deductable count as something you pay for each month?

[chad9162]

i dont really have alot of secured debts...just my house, truck and husbands motorcycle, but we have alot of unsecured debt (around 74000.00 in ccs and unsecured loans), i just hope that being over the median, that small of an amount, wont cause any problems. also..on the means test, if you have a high deductable health insurance, does that deductable count as something you pay for each month?

The means test is a relationship of income, secured debt, and expenses. It sounds like you have a lot of secured debt. My secured debt is around $2700. I just saw a case law that a $6000 mortgage was ok for BK means test...craazy

As for health care deductibles (copays?) the means test allows for a certain amount per person based on age. I think we got $300 a month for 5 people. If you have additional cost like a specific medical condition then you can higher than the IRS standard but would need receipts.