slavenomore Posted May 15, 2013 Report Share Posted May 15, 2013 What happens if your slightly over the means test for your state? are you forced into a chapter 13? Forgive my ignorance on this subject: 1) What happens if your slightly over the means test for your state? are you forced into a chapter 13? Which defeats the whole reason to go BK. 2) What if your self employed and some months your over the means test and sometimes your not. You have no assets besides income. 3) What if you owe a bundle to the IRS but some months you make over the means amount some not. 4) What are some ways legally to still quallify? What are your options. Thanks for your wisdom, tips, and constructive advice. ; ) Link to comment Share on other sites More sharing options...
willingtocope Posted May 15, 2013 Report Share Posted May 15, 2013 You need to discuss this with a couple BK lawyers to be sure...but...I don't think the means test goes month by month, if you're self employed. I think you'd need to average over the last year or two... Link to comment Share on other sites More sharing options...
slavenomore Posted May 15, 2013 Author Report Share Posted May 15, 2013 You average it over 6 months. but what are some legal ways to go over and still do a bk7 ? Link to comment Share on other sites More sharing options...
numbersguy Posted May 23, 2013 Report Share Posted May 23, 2013 What happens if your slightly over the means test for your state? are you forced into a chapter 13? Forgive my ignorance on this subject: 1) What happens if your slightly over the means test for your state? are you forced into a chapter 13? Which defeats the whole reason to go BK. 2) What if your self employed and some months your over the means test and sometimes your not. You have no assets besides income. 3) What if you owe a bundle to the IRS but some months you make over the means amount some not. 4) What are some ways legally to still quallify? What are your options. Thanks for your wisdom, tips, and constructive advice. ; ) Are you saying over the state median for gross wages? Or that you have disposable income after necessary expenses have been paid? If you exceed the state median income then you go on to the second part of the test, i.e., what is your disposable income. If after paying monthly expenses, you are left with little or no money then you can still seek a Chap 7. If there is sufficent income left over after expenses, then it is likely that you are looking at a Chapter 13. Link to comment Share on other sites More sharing options...
shellieh98 Posted May 23, 2013 Report Share Posted May 23, 2013 I would consult a lawyer. I will say, I was 75.00 over, yep 75 bucks. And if I would have filed 1 month later, I would have been ok, because they lowered what you needed to make.My BK7 was dismissed. (meaning no go) Now I have that filing on my credit record for 10 years, and I am sure the jdb's are standing in line. I settled with 4--and got sued by one anyway. I have 2 or 3 more out there.No it does not force you into ch. 13, that is your choice. It will be dismissed. You can choose to go the ch. 13 route. I didn't, I just ended up getting a 2nd job. I could have refiled after 6 months, but I had taken the 2nd job, and would have been over again. Funny thing is, I worked overtime in Dec., I filed in feb. If I had not worked that overtime, I would have been ok. 1 Link to comment Share on other sites More sharing options...
neweuquol Posted May 23, 2013 Report Share Posted May 23, 2013 Being over the means is not necessarily the end of a Chapter 7. You can still pass the means test even if you are above the means. Being below the means test merely means that you do not have to go through the means test to qualify for a Chapter 7. You should consult with a bankruptcy attorney. Most can tell you whether you will pass the means test even if you are above the means. Link to comment Share on other sites More sharing options...
Flyerfan Posted May 23, 2013 Report Share Posted May 23, 2013 Your = possessive, belonging to youYou're = contraction for "you are" Oh, sorry. Wrong board. Haha Link to comment Share on other sites More sharing options...
shellieh98 Posted May 23, 2013 Report Share Posted May 23, 2013 lol flyer. whatch out, grammar police! Link to comment Share on other sites More sharing options...
neweuquol Posted May 23, 2013 Report Share Posted May 23, 2013 I do not use contractions Link to comment Share on other sites More sharing options...
slavenomore Posted May 23, 2013 Author Report Share Posted May 23, 2013 Thanks for the good info and the laughs Link to comment Share on other sites More sharing options...
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