Chapter 13 revolves around your payment plan, which you propose based on your budget, and possibly negotiate with creditors and the trustee.
Determining your correct “applicable state” can make the difference between passing and failing the means test.
We show by example how the means test works, when a person qualifies for a Chapter 7 case simply by income.
You only have to pass the means test if you have “primarily consumer debts.” If you have more business debts, skip the means test.
You have to pass the means test to qualify for a Chapter 7 case. It’s often an easy test to pass but one with some crucial twists and turns.
In a Chapter 13 “adjustment of debts” you have much more time to get current on your residential lease agreement than under Chapter 7.
If your liability dispute with your creditor spills into your Chapter 13 case, the bankruptcy court may be a good forum to fight it out.
Chapter 13 payment plans usually have you pay something to all of your creditors. But not necessarily. Certain creditors may get nothing.
The discharge of debts is just one of the tools of Chapter 13 for achieving your financial goals. It works differently than in Chapter 7.
You must use the right “number of people in your household” to qualify for Chapter 7. It’s not always obvious.
“Income” is not what you think it is–it’s much broader than usual and fixates on the 6 full calendar months before your bankruptcy filing.
Besides the many 3-year cost of living increases happening on April 1, 2016, new median income amounts also start applying on the same day.
You qualify for Chapter 7 without having to pass the “means test” if you fit within these very specific military-related exemptions.
As of April 1, 2016 you can have a little more “disposable income” and still pass the “means test” to qualify for Chapter 7 bankruptcy.
The “co-debtor stay,” available only under Chapter 13, is a creative tool for protecting your co-signer from being forced to pay your debt.