Questions...means test vs. true expenses

[covinian]

New here and new to BK. I have about 100k in unsecured debt. I'm married and living in a community property state. I will be filing single without my spouse. We have a house we are upside down in, not included in BK.

I will just be filing on my unsecured debt. Since I am married, I have to use my spouses income on the means test. When you add it all together, it looks like we have a nice income. We have 7 people in our household. Plugged in all the numbers to the means test online and says we have $1200 per month of disposable income. We do not. I have talked with an atty. and he said it would be a strech to get to a Chapter 7, so he suggests a 13. Honestly, after filling out the "real" expenses as opposed to the means test, which really only scratches the surface, we have about $100 at the end of the month.

I feel like I'm caught between a rock and hard spot. I finally made the decision to file for BK, but that dang means test is so distorted and unallowing, it's really unfair. How can I go for a Chapter 13 when I really know I cannot afford to pay it? Is there any way around the means test when reality says the Chapter 13 won't work?

Any suggestions or advise would be greatly appreciated. Thank you!

[booboo]

Since your real test comes with actual allowable expenses, it sounds as if the attorney you talked to might just be in for the big bucks in what a chapter 13 will really cost you. I would talk to at least 3 attorneys about your situation and be armed with your numbers when you meet with them.

BooBoo