Minnesota  |  Bankruptcy

Legal Question

Asked on: 8/06/12, 3:59 pm


My husband and I want to file bankruptcy. We do not want to do CH. 13. We met with one attorney who calculated our means test. As a result, we do not pass. We have approximately $300 too much expendable income (that is, over the approx. $180 under which we could make it).

My 3 questions:

1. I have $125,000 student loan debt. I understand this can NOT be discharged, so that is not my question! My question is, can my monthly payment (over $600) be use to adjust my CMI on the means test? Is it placed in the unsecured, non-priority section OR Part VII, Additional Expense Claims? If the latter (additional expenses) can the trustee/court consider this? It IS a payment I must make, and want to make, but it obviously makes a major change to my CMI (and would qualify us for Ch. 7).

2. Regarding childcare expenses, over the past 6 months we've averaged $400/mo but as of next week must switch daycare providers b/c our current place is closing. We are also from part to full time care. Our monthly expenses will now average $600/mo. Which amount should be used on the means test?

3. Last question! Are expenses such as professional membership dues and vet costs (minimal--nothing crazy!) calculated anywhere into the means test?

(FYI, we HAVE contacted a BK attorney, but I wanted a second opinion on these matters. We'll likely meet with another attorney as well.)

Thanks you in advance.

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