Q: NYS Bankruptcy-Would a case be flagged for abuse on chp7 while just over annual means test, but DI is $20 or less/month?
We are over the means test in NYS, but when we deduct $19111.00 for a child support obligation, we are just over the annual income on the means test for a family size of 6 by approximately 400.00. Our 6 month average income that we take home after support/insurance/taxes come out of our checks is under the median monthly income. When we deduct student loan payment, grocery bill, childcare, vehicle payments (no extraordinary vehicles, they have negative equity in them), our house, (14-18k in equity), taxes, utilities, medical expenses, we are at a disposable left over income of 12-15.00 a month, yet we are told that we could still be flagged for abuse. Also, we our monthly expenses under the national/IRS allowable expenses are under. We have all bank statements and everything readily available to prove the actual expenses we have to pay out, would it still be flagged because we were over a little bit on the means test after showing the true facts?
A: This is your second post on this. Use a lawyer. You are not doing the means test correctly, and hurting yourself in the process.
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