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Failed Chap 7 Means Test, what now?

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Anonymous
Not applicable

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
Community Leader
Mega Contributor

Re: Failed Chap 7 Means Test, what now?

Are you doing it on your own or a lawyer?


Message 2 of 13
Anonymous
Not applicable

Re: Failed Chap 7 Means Test, what now?

On my own. Couldn't afford a lawyer
Message 3 of 13
FireMedic1
Community Leader
Mega 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


Message 4 of 13
Anonymous
Not applicable

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/



Message 6 of 13
Anonymous
Not applicable

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.

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.
Message 8 of 13
Anonymous
Not applicable

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
Anonymous
Not applicable

Re: Failed Chap 7 Means Test, what now?


@Anonymous 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.

Message 10 of 13
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