Schedule J doesn't list all monthly expenses.

[Foofy610]

The Means Test shows us passing at -$1,081 DMI. I double-checked my numbers. When I did preliminary schedules I & J, our DMI is around $500!!

Schedule J doesn't list all of my monthly expenses!! I'm really confused now!! With the $500 DMI, will we have to file CH 13?!

[sunshinepa]

Ok, lets start at the beginning. On the means test, did you have two cars with payments, and operating costs? If you don't have a car payment, you only get operating costs, not the payment deduction. If you have a car over 7 years or or with over 75,0000 miles, you are allowed a 200.00 deduction. The means test does put both costs into it automatically, which can really throw you off.

What about medical? Did you put actual expenses.....i.e. include over the counter items, copays, insurance and etc?

What expenses do you have that J would not list? There is an other catagory where you can list pet expenses and etc. For instance, my pet care was 40$ a month.

Those are some I can think of but yes, if you end up with that much money a month, it would be a 13.

[Foofy610]

I guess I'll have to go over my expenses thoroughly this evening. I'm getting disgusted with the whole process, and I didn't even start yet!!

[Foofy610]

If schedule J decides it, why even take the means test?!?!?!

[sunshinepa]

As I said before, it's a combination of things. Actually, if you income is under the median, you are not even required to take the means test to file. Since it appears you are over, you have to take the test for Presumption of Abuse. Please don't get discouraged/disgusted before you actually have the facts on where you stand.

Bk is a nerve wracking process, you still have a long way to go if your goal is to file. It will be much easier if you try to stay calm, keep reading and asking and get the whole picture.

Please see my PM.

[IamOld]

foofy, take it from the king of the paranoid and always the "overthinker" - please don't give up...take a deep breath, take it slowly AND see what the atty says!!!

[Foofy610]

Thanks for the support. I'm really trying to stay calm... I AM!!! :-)

[IamOld]

One of the great minds here Frogger has a great saying: "bankruptcy is a process, not an event." I took that to heart, and it really really helps!

[NoMoreCards]

One of the great minds here Frogger has a great saying: "bankruptcy is a process, not an event." I took that to heart, and it really really helps!

I agree completely! It is a process and although stressful, you will get through it. Anyhow, Frogger is one smart...um...Frog?!?! Lol!

[daylate]

Go read sec 707 of the Bk code. http://www.law.cornell.edu/uscode/us...7----000-.html It explains things pretty good. If you are under the median income for your state then judges and the US trustee cannot use the 60 months times your dmi to see if it creates a presumption of abuse. Now this has always confused me because people here say "wait a minute you can still be denied due to a totality of circumstances". My thought and what I would argue is if you can't use the 60 months and excesss DMI criteria how exactly does one determine "presumption of abuse" From what I have read it usually deals with people whose circumstances change dramatically right after filing nd there is a strong suspicion that the changes were manipulated. if you are over median, then all bets are off and you are screwed if you have 500 dmi.

[jetsfan2010]

500 DMI sounds like a 13 all day

[Foofy610]

500 DMI sounds like a 13 all day

If the schedules are more important, I'm still confused as to the relevancy of the means test.

[daylate]

Did you read 707? It kind of explains it. Isn't easy to understand but give it a try. Are you above the median income for your state?

[Foofy610]

I'll read 707, and yes we're over the median income.

[daylate]

Over median and with 500 a month dmi will more than likely put you on track for a 13. Lots of good stuff on here about lowering your dmi. Do some searches and good luck.