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Old 02-02-2009, 04:19 PM
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Join Date: Feb 2009
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When is the Means test Applied?


What is the name of your state (only U.S. law)? Colorado

I am looking at filing chapter 7, but I am expecting to get back to work in the next few months. For the last 6 months my income has been low enough that I qualify for chapter 7, but once I go back to work I will make too much.

When you file a chapter 7, does the means test apply at the time of the filing, or does it apply at the time of the discharge. If it applies at the time of filing and I start earning more money by the 341 meeting or the discharge, can they require me to refile?

Any help will be appreciated. Thanks
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Old 02-03-2009, 09:08 AM
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Join Date: May 2001
Posts: 6,454
The means test is a 6 month lookback from filing date. It's also only one part of the process. The other part is filling out schedules I and J to determine if you have suficient dispsoable income to fund a Chapter 13 plan. Many over median filers have successfully filed Chapter 7's.
Most bk lawyers give free or lowcost initial consultations. Speak with a few and get all of your options explained.
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