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Have less fear of fighting a pack of dogs than tackling Means Test...

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    Have less fear of fighting a pack of dogs than tackling Means Test...

    Means Test for Chapter 7. I can't bring myself to open up the link or whatever for this. I'm in fear that it's going to cause me to 'Can I pull my hair out now' (as in the video below). I'm just procrastinating and won't even look at this thing called the Means Test. I'm just thinking that it's going to stress me.

    Can someone tell me what it's like instead of me having to view it and freak out? I'm putting it off and thinking that the Legal Court Document Service is worth paying for them to do this for me. Less stressful and then I'd only have to supply the info.

    I watched HHM's video from his link and then watched this one and it's like, ugh, no more googling for me for a while. Reminds me of my computer screen!

    I'm going to walk my dogs now so I can get the Means Test out of mind for a sec. I'm running from this thing!!!!


    Looks my computer screen
    http://www.youtube.com/watch?v=hVpfk5z0PMw&NR=1

    #2
    If you were to fill it out this month, you would determine all of your gross income over the past 6 months (April thru September), divide it by 6, and that's your monthly income.

    Then you would determine your monthly expenses, some from predetermined charts based on your state and household size, and that's your monthly expenses.

    Those are the first 2 steps.

    If it freaks you out too much, make a couple of appointments for free consultations with attorneys and they'll probably give you a rough estimate of your numbers and if you'll qualify for a Chapter 7 or Chapter 13 bankruptcy.
    Filed Chapter 7 July 2010
    Attended 341 September 2010
    Discharged November 2010 Closed November 2010

    Comment


      #3
      Actually, in late August I got right on it and added a bunch of those figures up and a paralegal, thereafter another attorney and then a third attorney told me that it looked good for Chapter 7. In August I was advised to wait until around October or November and then the last one told me it would be real good to wait until December 1st.

      My fear might be, more than the Means Test, is what I've been hit-and-miss reading of posts where people are having to determine their monthly expenses. That, I think, might be the culprit causing the stress/fear when I think of the Means Test in general. It just seems like figuring expenses and being certain they fit within the scheme of it will be a big headache. Nobody told me anything about a mean income for our state that we have to compare to.

      I'd been told that for Chapter 7 we can't make over like $52,000 in the past six months. And then a Legal Court Document Service said that they use a different means test and told me that the income couldn't exceed $4,300 in the past six months. Really it's simple to figure this, as far as figuring that out and dividing it. I don't know why I'm running from it all. Guess it's like I said, the expenses and having to figure those, etc. is scaring me or maybe it's just that I'm not really wanting to have to sit and do the expense routine. (But I know I have to.)

      One of them, can't recall which, told me that after the 6 months is figured of both our income (I'm filing Chapter 7 individually, not jointly), that they look at the past 3 months of my income. Have you heard anything about 3 months? I've not read anything about that and I think it was one of the attorneys that told me that.

      If it looks to me like November will work to file, then I'm going to look at that time frame. I'm wanting to do this before I go over the 90 day routine with the card companies and that is what I need to look at now. I don't want to deal with them sending me something after the 90 day period and I have to send those legal letters to them, etc.

      A question I have that confuses me because of the cycles of billing, if a bill says:

      Account Activity Aug 25-Sept 23, 2010
      Late Fee - August Past Due
      Payment Due Date 10/21/2010

      Question is: Does this put me at the 30 or 60 day period at the end of this month since August was missed? I know this appears to be a stupid question but I don't know how they look at this. Please advise as to where I am right now on the delay.

      Comment


        #4
        Originally posted by platter View Post
        Account Activity Aug 25-Sept 23, 2010
        Late Fee - August Past Due
        Payment Due Date 10/21/2010

        Question is: Does this put me at the 30 or 60 day period at the end of this month since August was missed? I know this appears to be a stupid question but I don't know how they look at this. Please advise as to where I am right now on the delay.
        If your payment was due on Aug 1, than you are 30 days late in September, and 60 days late in October. The late payments begin on the 1st day after the missed payment.

        Comment


          #5
          I think that is the easy part, the hard part for me was just looking at Schedule J, looks like we have an extra thousand a month on that schedule. Just do it. It'll be fine.

          Comment


            #6
            Originally posted by platter View Post
            Actually, in late August I got right on it and added a bunch of those figures up and a paralegal, thereafter another attorney and then a third attorney told me that it looked good for Chapter 7. In August I was advised to wait until around October or November and then the last one told me it would be real good to wait until December 1st.

            My fear might be, more than the Means Test, is what I've been hit-and-miss reading of posts where people are having to determine their monthly expenses. That, I think, might be the culprit causing the stress/fear when I think of the Means Test in general. It just seems like figuring expenses and being certain they fit within the scheme of it will be a big headache. Nobody told me anything about a mean income for our state that we have to compare to.

            I'd been told that for Chapter 7 we can't make over like $52,000 in the past six months. And then a Legal Court Document Service said that they use a different means test and told me that the income couldn't exceed $4,300 in the past six months. Really it's simple to figure this, as far as figuring that out and dividing it. I don't know why I'm running from it all. Guess it's like I said, the expenses and having to figure those, etc. is scaring me or maybe it's just that I'm not really wanting to have to sit and do the expense routine. (But I know I have to.)

            One of them, can't recall which, told me that after the 6 months is figured of both our income (I'm filing Chapter 7 individually, not jointly), that they look at the past 3 months of my income. Have you heard anything about 3 months? I've not read anything about that and I think it was one of the attorneys that told me that.

            If it looks to me like November will work to file, then I'm going to look at that time frame. I'm wanting to do this before I go over the 90 day routine with the card companies and that is what I need to look at now. I don't want to deal with them sending me something after the 90 day period and I have to send those legal letters to them, etc.

            A question I have that confuses me because of the cycles of billing, if a bill says:

            Account Activity Aug 25-Sept 23, 2010
            Late Fee - August Past Due
            Payment Due Date 10/21/2010

            Question is: Does this put me at the 30 or 60 day period at the end of this month since August was missed? I know this appears to be a stupid question but I don't know how they look at this. Please advise as to where I am right now on the delay.
            starting on NOV 1st you can't make more than $49000 for a family of 2. around $4000 monthly
            Filed chapter 7 on 9/17 341 on 10/20
            Chapter 7 Trustee's Report of No Distribution on 10/21
            Discharged and Case Closed on 12/21/2010

            Comment


              #7
              Thanks for the help here.

              The card says Account activity is Aug 25 - Sept 23. On this 10/21 pmt due date it shows one late charge of $25. This is confusing since the 10/21 statement only charged one late payment, so is that 30 days late and then when I receive the next statement with another $25 charge, that should be 60 days in November?

              I keep reading in posts about *Schedule J* and don't even know where to look for it. I sat at the library printing out a boatload of online BK forms for FL. (I coerced myself to go there and print them out (faster printer) to get myself motivated in case I did this on my own. It was an effort, I succeeded in doing it but, haven't looked over the forms yet. lol)

              What's up with *November 1st* that it's $49,000 and $4,000/month for two? The Legal Document Service told me $4,300/monthly and the other attorneys, in late August and early Sept have said $52,000.

              Comment


                #8
                Originally posted by platter View Post
                Thanks for the help here.

                The card says Account activity is Aug 25 - Sept 23. On this 10/21 pmt due date it shows one late charge of $25. This is confusing since the 10/21 statement only charged one late payment, so is that 30 days late and then when I receive the next statement with another $25 charge, that should be 60 days in November?

                I keep reading in posts about *Schedule J* and don't even know where to look for it. I sat at the library printing out a boatload of online BK forms for FL. (I coerced myself to go there and print them out (faster printer) to get myself motivated in case I did this on my own. It was an effort, I succeeded in doing it but, haven't looked over the forms yet. lol)

                What's up with *November 1st* that it's $49,000 and $4,000/month for two? The Legal Document Service told me $4,300/monthly and the other attorneys, in late August and early Sept have said $52,000.
                it is $52000 until 10/31 it went down to $49000 starting 11/1
                Filed chapter 7 on 9/17 341 on 10/20
                Chapter 7 Trustee's Report of No Distribution on 10/21
                Discharged and Case Closed on 12/21/2010

                Comment


                  #9
                  Originally posted by platter View Post
                  Actually, in late August I got right on it and added a bunch of those figures up and a paralegal, thereafter another attorney and then a third attorney told me that it looked good for Chapter 7. In August I was advised to wait until around October or November and then the last one told me it would be real good to wait until December 1st.

                  My fear might be, more than the Means Test, is what I've been hit-and-miss reading of posts where people are having to determine their monthly expenses. That, I think, might be the culprit causing the stress/fear when I think of the Means Test in general. It just seems like figuring expenses and being certain they fit within the scheme of it will be a big headache. Nobody told me anything about a mean income for our state that we have to compare to.

                  I'd been told that for Chapter 7 we can't make over like $52,000 in the past six months. And then a Legal Court Document Service said that they use a different means test and told me that the income couldn't exceed $4,300 in the past six months. Really it's simple to figure this, as far as figuring that out and dividing it. I don't know why I'm running from it all. Guess it's like I said, the expenses and having to figure those, etc. is scaring me or maybe it's just that I'm not really wanting to have to sit and do the expense routine. (But I know I have to.)

                  One of them, can't recall which, told me that after the 6 months is figured of both our income (I'm filing Chapter 7 individually, not jointly), that they look at the past 3 months of my income. Have you heard anything about 3 months? I've not read anything about that and I think it was one of the attorneys that told me that.

                  If it looks to me like November will work to file, then I'm going to look at that time frame. I'm wanting to do this before I go over the 90 day routine with the card companies and that is what I need to look at now. I don't want to deal with them sending me something after the 90 day period and I have to send those legal letters to them, etc.

                  A question I have that confuses me because of the cycles of billing, if a bill says:

                  Account Activity Aug 25-Sept 23, 2010
                  Late Fee - August Past Due
                  Payment Due Date 10/21/2010

                  Question is: Does this put me at the 30 or 60 day period at the end of this month since August was missed? I know this appears to be a stupid question but I don't know how they look at this. Please advise as to where I am right now on the delay.
                  i filed in florida...and each district, and worse even, each county is different..i.e. one county lets you exempt UI and another right next door does not.

                  i know this may sound a bit nuts....but do not over think the situation. we were simply "honest" with the means test...and it was fine. because it was coming directly FROM the electric bill the rent and so on and so forth...except food...because we didn't realize it cost double in florida to feed your family...and my food amount was questioned by the trustee.....as being TOO LITTLE!! go figure.

                  my point is...this is not as complicated as one views it many times. it's simply your expenses against your income....equals your dmi...disposable monthly income.

                  i'm certain you'll be just fine...
                  8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

                  Comment


                    #10
                    UI, you do you mean Unemployment Insurance? I don't understand your statement, 'exempt' regarding this. And I didn't know such a difference might exist among counties in certain aspects.

                    Thanks, you've been giving a lot of good advise in many threads and I make it a point to view them. Some of the abbreviations are just now starting to sink in, like learning a foreign language! (lol)

                    Comment


                      #11
                      Originally posted by platter View Post
                      UI, you do you mean Unemployment Insurance? I don't understand your statement, 'exempt' regarding this. And I didn't know such a difference might exist among counties in certain aspects.

                      Thanks, you've been giving a lot of good advise in many threads and I make it a point to view them. Some of the abbreviations are just now starting to sink in, like learning a foreign language! (lol)
                      yes, sorry it gets confusing....UI...is Unemployment Insurance benefits...money....

                      in many districts in this country....and in florida unemployment benefits are exempt from being counted as income under the social security act.

                      in other words the bk court cannot consider this temporary income as included in your total.

                      however, in some districts and in some counties...i.e. in the state of florida...some counties will exempt it while others will not.

                      LOL!! and it is called BK CHAT slang...i think!!!
                      8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

                      Comment


                        #12
                        The easiest means test to take is located here: http://www.legalconsumer.com/bankruptcy/means-test/ When you fill out your zip code and your family size, it automatically populates all the IRS standards for you, so then you just have to put in your income info and any secured debt you have (car payment, mortgage, etc).

                        Realistically, whether you file bk or not, you need to put together a budget and figure out where your money is going each month. So, you may as well do it now.....
                        Filed Chapter 13 on 2-28-10. 341 completed 4/14/10. Confirmed 5/14/10. Lien strip granted 2/2/11
                        0% payback to unsecured creditors, 56 payments down, 4 to go....

                        Comment


                          #13
                          Originally posted by momofthree View Post
                          The easiest means test to take is located here: http://www.legalconsumer.com/bankruptcy/means-test/ When you fill out your zip code and your family size, it automatically populates all the IRS standards for you, so then you just have to put in your income info and any secured debt you have (car payment, mortgage, etc).

                          Realistically, whether you file bk or not, you need to put together a budget and figure out where your money is going each month. So, you may as well do it now.....
                          totally agree to that! great site mom!
                          8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

                          Comment


                            #14
                            I opened that site and it looks good!

                            Right now I'm going to go over (again) our income for the past six months and do the division on that and then head to the Means Test.

                            So, this is my first step right now and will now begin this.

                            Comment


                              #15
                              Originally posted by platter View Post
                              I opened that site and it looks good!

                              Right now I'm going to go over (again) our income for the past six months and do the division on that and then head to the Means Test.

                              So, this is my first step right now and will now begin this.
                              the first step to a better future... !!!
                              8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

                              Comment

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