How likely 7 leads to a 13

[artgood]

We will pass the means test in Indiana by maybe $1000. Maybe a little more, maybe a little less.

How likely is it that the trustee will deny us a chapter 7, forcing us to a 13?

Anyone have much experience with trustees in Indianapolis area?

[HHM]

If you pass you pass.

It depends though, do you pass by being under median (part I), or do you pass by having no disposible income (part II). If you pass part I, you are pretty much assured a chapter 7. If you pass part II but are close, the US Trustee will scrutinize your expenses and if there are any questionable deductions on part II, you could have problems.

[artgood]

If we pass it would only be because we are under the median, but not by much.

[ccsjoe]

artgood, if you pass by being under the median, it is not likely you will have a problem unless your Schedules I & J show a high DMI

[hughewil]

what if you are barely over the median (like $60/month) but your DMI is negative.

[ccsjoe]

Hugh,

I am 16K/annum over median and my DMI is positive (by a couple bucks) on means test (meaning PASS) and also positive on Schedule J (by about 70) meaning ok to proceed with 7.

If your DMI on means test is negative or under the presumption of abuse threshold (there are specifc guidance lines for this on the actual means test) AND the same applies to your schedule J, then you will be subject to more scrutiny just for being over the median but you should be ok.