After talking to a lawyer I find I have to wait another year to file chapter 7 due to my past bankruptcy 7. If I file chapter 13 with income of 500 rent of 350 and no car or anything else what would my payments be or what would I have to pay? I owe 75k in medical bills and a judgement on me for a credit card as well for a grand. I am trying to rebuild my life in the shorts time I can and start over. I just want a fresh start after this mess..
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To file a ch. 13 and get confirmation - you need to be able to file a workable plan. Meaning you would need to show enough DMI (disposable monthly income, which means money remaining after you subtract bills & expenses from your income) to fund a plan. At the bare minimum, enough to pay your attorney and trustee fee. Trustee gets between 5-10% of whatever you pay each month, it varies by district.
If you mean that your only monthly income is $500 and rent is $350, then I don't think you'll be able to file a reasonable plan. Gas, utilities, groceries, etc. will eat up that $150 difference and then some. And I can't see an attorney presently a plan to a trustee that leaves out all of that stuff.~Staci
Not an attorney, and never played one on tv. My responses are based on my own experiences & personal opinions.) -
Ps-check the garnishment laws for your state. I know you said you have a judgement from a credit card. With only $500 per month in income, it might be too little to be garnished. Keeping your transactions to cash/prepaid debit cards only would prevent a creditor from levying your bank account.
If you have so little income, paying the attorney & filing fees for a ch. 13 would probably be a mistake even if you could make a feasible plan.~Staci
Not an attorney, and never played one on tv. My responses are based on my own experiences & personal opinions.)Comment
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File Chapter 13 to get the creditors off of your back. Your DMI will be negligible. See how life goes for you - what else can you do except play the creditor's games? Then, after a year or so of surrendering a paltry sum to the creditors, get set up for a 13 to 7 conversion.Comment
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That won't work. A 'conversion' uses the original file date. What you mean is to survive in a ch. 13 until eligible for a 7, then dismiss the 13 and file a new chapter 7 case. Will involve more attorney fees, but could be a way to stall things. Even so, it would require a feasible plan for now. Meaning showing a DMI that could pay something in, and living on that payment for a year or so.~Staci
Not an attorney, and never played one on tv. My responses are based on my own experiences & personal opinions.)Comment
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I seriously doubt any attorney would go forth with a Ch. 13 if your income is only $500 per month; there is not enough there to pay day-to-day living expenses let alone any creditors (or the trustee / attorney).
As to your other issue of 75K in medical - have you called Patient Advocacy for the dr / hospital(s) you owe? Again, if that is your income monthly, then they will write off the balance due to being at / below poverty level. Patient Advocates are there to assist you, you just need to ask.Comment
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I would think that at your income level, you should qualify for Medicaid or Charity Care of something. You are pretty much indigent. I do hope you have made inquiries for welfare and whatever other assistance may be available.
To even ponder any kind of BK at this juncture is completely unnecessary. Nobody can squeeze a penny out of you. You are collection proof unless you have some unmentioned assets.
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