Checked the wrong box on the means test ... Presumption Arises

Asked almost 2 years ago - College Park, MD

Filed the means test and the wrong box was checked for presumption arises .. got the 341 meeting from the court that also says presumption arises. The form shows through the end there is no disposable income, will this clerical error get my case dismissed? Can I amend the means test>

Attorney answers (5)

  1. 7

    Lawyers agree

    1

    Answered . Hopefully anyone who actually looks at it will notice it's a mistake and no motion to dismiss will be filed. But you should amend.

  2. 6

    Lawyers agree

    Best Answer
    chosen by asker

    Answered . Fix the error with an amended means test. If it was an innocent error, the rest of your numbers will support that there is no presumption, so you should be good to go.

  3. 2

    Lawyers agree

    Answered . You should amend the form and submit it to the Court as soon as possible. The Trustee and Bankruptcy Judge are bound by The Federal Rules of Bankruptcy Procedure. They may note the mistake, but do not have the discretion to change the form on your behalf.

  4. 1

    Lawyer agrees

    1

    Answered . Time to take this mess to a BK attorney. NOW!

    Be sure to designate "best answer." If you live in Oregon, you may call me for more detailed advice, 503-650-9662.... more
  5. 1

    Lawyer agrees

    Answered . You simply need to file an amended means test and be sure to send a courtesy copy to the trustee.

Related Topics

Chapter 7 bankruptcy

Chapter 7 bankruptcy is a form of bankruptcy where your debts are canceled, but some of your assets are sold to pay off part of your debt.

Stephen M. Dunne

What is Chapter 7 Bankruptcy?

Chapter 7 Bankruptcy wipes out ("discharges") your debts. Chapter 7 is the bankruptcy provision most frequently used by individuals. It involves the complete liquidation of a debtor's... more

Chapter 7 bankruptcy means test

A bankruptcy means test is required for chapter 7 bankruptcy. A means test considers factors such as your income and size of your debt to determine eligibility.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

34,349 answers this week

3,762 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

34,349 answers this week

3,762 attorneys answering