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Failed Chap 7 Means Test, what now?

infinitegrace
New Member

Failed Chap 7 Means Test, what now?

I filed 3/8 with a 341 meeting on 4/15. In reviewing my documents, it looks like I failed the Means Test, should I assume I will not be able to file chap 7? It looks like my income is over by a couple thousand dollars. I'm a recently single parent and can not afford Chap 13. Has anyone had this experience? 

Message 1 of 13
12 REPLIES 12
FireMedic1
Super Contributor

Re: Failed Chap 7 Means Test, what now?

Are you doing it on your own or a lawyer?





My posts are JMHO. My siggy is not to brag at all. Just sharing my experiences after learning here from rebuild to recovery after BK DC 540's. And to show fellow members what can be accomplished when you do it right and play the FICO Credit Game.
Message 2 of 13
infinitegrace
New Member

Re: Failed Chap 7 Means Test, what now?

On my own. Couldn't afford a lawyer
Message 3 of 13
FireMedic1
Super Contributor

Re: Failed Chap 7 Means Test, what now?

I was under the impression the trustee would have said it then in the meeeting of creditors that you wouldnt pass for a Chap 7 and then would have you re-submit paperwork for a Chap13? Is that what your looking at on PACER? You want to see that the trustee says he/she longer will do anything for the case and to be released. Or the case was dismissed





My posts are JMHO. My siggy is not to brag at all. Just sharing my experiences after learning here from rebuild to recovery after BK DC 540's. And to show fellow members what can be accomplished when you do it right and play the FICO Credit Game.
Message 4 of 13
infinitegrace
New Member

Re: Failed Chap 7 Means Test, what now?

I just saw on the paperwork where the means test is calculated. It states presumption of abuse and its checked. I'll do a little more research. Thank you so much
Message 5 of 13
MyDataMyChoice
Valued Contributor

Re: Failed Chap 7 Means Test, what now?

Hire a lawyer... find a probono... or save until you can afford one.

 

try https://upsolve.org/



+AU on: 2008 Sears MC $2,001 | 2016 SEARS Store Card $2,001 | 2011 Synchrony Home $5,500 | 2003 FNBO Visa $9,900 | 2008 Macys Amex $3,400 | 2008 Kohls $2,000 | 2008 JC Penny $500 | 2016 TJX Mastercard $1,500 | 2018 AAdvantage Aviator MC $5,600 | 2018 HSN $4,500
Member of: Andrews FCU | PENFED CU | SDFCU | Alliant CU | NASA FCU | NWFCU | Ally Bank | BofA | Merrill | Greenwood CU | Elements Financial CU | Ocean State CU | Wells Fargo | Citizens Bank | Chase Bank | RI Credit Union | US Financial FCU
Message 6 of 13
SteelerNYC
Valued Contributor

Re: Failed Chap 7 Means Test, what now?


@MyDataMyChoice wrote:

Hire a lawyer... find a probono... or save until you can afford one.

 

try https://upsolve.org/


^^^^^this

 

you are likely missing expenses that can go towards your means test. my attorney thought of all kinds of things I didn't.

Ch 7 Discharge May 2015
Discover/Target/NFCU CLOC/NFCU More Rewards Amex/NFCU Platinum/PenFed Power Cash Rewards/PenFed Pathfinder Visa/Citi Costco Visa/CapitalOne SavorOne/Apple Card - $139,100 total revolving, 21% utilization
3.25% mortgage July 2020, $20k used Auto Loan October 2020, $20k PenFed Personal Loan Dec 2020
687/683/673 EX/EQ/TU w/ 5/6/6 INQs as of Jan 2021
Spending 2021 in the Garden
Message 7 of 13
pizza1
Community Leader
Super Contributor

Re: Failed Chap 7 Means Test, what now?

You're NOT doing yourself any good or favors by trying to 'save money" by doing it on your own. Once you quit paying your credit cards etc... you'll have your money for a lawyer. I would have seen a lawyer first (they always offer for consults).

This is always something you want a lawyer to do. You have no idea the snags that can come up in a case....this is a perfect example.

My rebuild worked for me, but won't necessarily work for you!
BK7 D/C- 08/2013
Message 8 of 13
infinitegrace
New Member

Re: Failed Chap 7 Means Test, what now?

In a perfect world I wish I could hire a lawyer but I cant. Just wondering if any one had experience, not helping telling me what I should do. Thanks anyways
Message 9 of 13
SteelerNYC
Valued Contributor

Re: Failed Chap 7 Means Test, what now?


@infinitegrace wrote:
In a perfect world I wish I could hire a lawyer but I cant. Just wondering if any one had experience, not helping telling me what I should do. Thanks anyways

I had this experience (high income CH7 . .failing means test when I calculated it on my own) and I hired a lawyer.

Ch 7 Discharge May 2015
Discover/Target/NFCU CLOC/NFCU More Rewards Amex/NFCU Platinum/PenFed Power Cash Rewards/PenFed Pathfinder Visa/Citi Costco Visa/CapitalOne SavorOne/Apple Card - $139,100 total revolving, 21% utilization
3.25% mortgage July 2020, $20k used Auto Loan October 2020, $20k PenFed Personal Loan Dec 2020
687/683/673 EX/EQ/TU w/ 5/6/6 INQs as of Jan 2021
Spending 2021 in the Garden
Message 10 of 13
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