Expert: Mark J. Markus- California Bankruptcy Attorney - 11/18/2008

Question
Can i refile chap 7 if the judge kicks it back due to incorrectly claiming items on the means test? i am 10k over the allowed income for chap 7, however i must file a 7 as i have no money to pay for a 13. i feel paralyzed with fear over it, that i am not filling it out right. i have to find a place on the test to put my overages on it ie: mortgage os $1600 car payment $800 insurance auto and home $240 all per month. also, hair, nails, wardrobe, auto maintenance, pet care are not listed so i put them in, as well as $400 a month for food etc for my 87 yr old mom.
will these be allowed or rejected? can i refile? where do i put these and other items as i am about $500 over on the means test?? also i hear marin county allows more due to higher cost of living then sacramento, can i file there? thank you

Answer
You need to find an attorney.  This is way beyond your ability to figure out on your own.  It has taken most bankruptcy attorneys several years to get up to speed on how the means test works and what numbers get plugged in (plus they're always changing) so I can't fathom how you are doing it alone.  There's also the I&J budget to be concerned with as well.  

Anyway, yes you can re-file your case (assuming you're eligible for CHapter 7), but since it was previously dismissed (I assume that's what you meant by "kicks it back") you will be without the benefit of the automatic stay in your next case, thus necessitating the filing of an additional motion to re-impose the stay, assuming your situation warrants that.