Hello all,
My husband and I filed a Chapter 7 bankruptcy on 10/27, and had our 341 meeting on 12/5. Our attorney was concerned that we might get forced into a 13, due to our income being over median for our state (Ohio), with our income calculated as a yearly amount, if that makes sense. He took our average monthly income for the 6 months before we filed, and multiplied it by 12, and said that's the income the trustee will consider us to have.
It's not accurate however, as I only worked 6 months this year, April-October, in a temp job. I was laid off when the temp assignment ended, about two weeks before we filed. Our actual monthly income right now is considerably lower than when I was working.
Also, he thought we might get forced into a 13, due to our having a few hundred dollars of disposable monthly income - really on paper only. In reality, there's always some unexpected expense that eats up any extra money we might have.
I was reading the sticky in the forum, about the U.S. trustee having 14 days from the date of the 341 meeting, to object to a Chapter 7, if he/she decides the borrower is over median/has too much DMI.
Today is day 15 since our 341 meeting. I've been checking Pacer every day, and haven't seen that anything was filed by the U.S. Trustee. Does that mean that we are in the clear with being able to continue with our Chapter 7? Will the trustee file something saying yes, we meet the means/DMI test, or no, we don't meet it? Or should I just assume everything is OK, if nothing is filed on Pacer by the trustee?
Thanks in advance for any replies!
My husband and I filed a Chapter 7 bankruptcy on 10/27, and had our 341 meeting on 12/5. Our attorney was concerned that we might get forced into a 13, due to our income being over median for our state (Ohio), with our income calculated as a yearly amount, if that makes sense. He took our average monthly income for the 6 months before we filed, and multiplied it by 12, and said that's the income the trustee will consider us to have.
It's not accurate however, as I only worked 6 months this year, April-October, in a temp job. I was laid off when the temp assignment ended, about two weeks before we filed. Our actual monthly income right now is considerably lower than when I was working.
Also, he thought we might get forced into a 13, due to our having a few hundred dollars of disposable monthly income - really on paper only. In reality, there's always some unexpected expense that eats up any extra money we might have.
I was reading the sticky in the forum, about the U.S. trustee having 14 days from the date of the 341 meeting, to object to a Chapter 7, if he/she decides the borrower is over median/has too much DMI.
Today is day 15 since our 341 meeting. I've been checking Pacer every day, and haven't seen that anything was filed by the U.S. Trustee. Does that mean that we are in the clear with being able to continue with our Chapter 7? Will the trustee file something saying yes, we meet the means/DMI test, or no, we don't meet it? Or should I just assume everything is OK, if nothing is filed on Pacer by the trustee?
Thanks in advance for any replies!
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