Well the day is here. I meet with the attorney this week. I just went over the numbers for the 6 month income look back and I'm under the income limit and now have a -$1442 DMI. Should be no reason I can't do a chapter 7 now. The only thing that has keep me going is my income from Dec/Jan and her tax return. Money is gone at this point. I should get paid this months & that will cover a few months.
This got me thinking so I looked over my wife's income for when I first went in and it would seem once again the attorney made a mistake.
I'm trying to think of how to go over this when I meet with attoney. Here is what I have so far....
1) My wife didn't file (community state) and her income was higher than what she earned. Looks like someone added an extra weeks pay. That raised our gross by $128 a month.
2) Attorney didn't want to use wife's CC payments on her cards as bills paid. That was another $150 a month of "free" money that raised my DIM to $169 over limit.
3) My income would have still been around $30 over the limit but my DMI would have been negative. I think that alone would have let me do a chapter 7 not a 13.
4) Attorney showed no interest in my wife's own bank account and her small amount of stocks. Both are under her name and have never been mixed with my money or had my name on them. I gave them all of the information when I filed the 1st time and it wasn't put in the case. I would guess that because they are hers the court has no interest in them because she didn't file?
5) When they filed the case it was set as I would pay $980 to keep my car and her car would be exempt. She is on both titles. When case was confirmed it changed to I pay $3200 to keep both cars? Not sure if that was because of the chapter 13 or not.
6) Only one bill is joint. Attorney still says she is covered because on the community state thing but I'm not sure. I don't know if I should (after filed) start paying it again to protect her credit?
From what I can find out it seems that everything stays the same as the chapter 13 except if you have new bills you want to put in the cahpter 7. If that is the case then I just need to work out the problem with what I have to pay for my car.
What does everyone think??
This got me thinking so I looked over my wife's income for when I first went in and it would seem once again the attorney made a mistake.
I'm trying to think of how to go over this when I meet with attoney. Here is what I have so far....
1) My wife didn't file (community state) and her income was higher than what she earned. Looks like someone added an extra weeks pay. That raised our gross by $128 a month.
2) Attorney didn't want to use wife's CC payments on her cards as bills paid. That was another $150 a month of "free" money that raised my DIM to $169 over limit.
3) My income would have still been around $30 over the limit but my DMI would have been negative. I think that alone would have let me do a chapter 7 not a 13.
4) Attorney showed no interest in my wife's own bank account and her small amount of stocks. Both are under her name and have never been mixed with my money or had my name on them. I gave them all of the information when I filed the 1st time and it wasn't put in the case. I would guess that because they are hers the court has no interest in them because she didn't file?
5) When they filed the case it was set as I would pay $980 to keep my car and her car would be exempt. She is on both titles. When case was confirmed it changed to I pay $3200 to keep both cars? Not sure if that was because of the chapter 13 or not.
6) Only one bill is joint. Attorney still says she is covered because on the community state thing but I'm not sure. I don't know if I should (after filed) start paying it again to protect her credit?
From what I can find out it seems that everything stays the same as the chapter 13 except if you have new bills you want to put in the cahpter 7. If that is the case then I just need to work out the problem with what I have to pay for my car.
What does everyone think??
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