top Ad Widget

Collapse

Announcement

Collapse
No announcement yet.

Quit job, conversion date for 13 to 7 established will scholarships, GI Bill count?

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Quit job, conversion date for 13 to 7 established will scholarships, GI Bill count?

    2 years into our Chapter 13 and I decided to go back to school by use of the GI bill. I also received scholarships.
    I also am getting a paid internship.

    Questions and details:

    Wife now has better paying job from when we started into 13 as of 5 months ago.

    I will be paid on a attendance basis for attending school. Every month in attendance I get a GOVT stipend. It is not considered income to the IRS, is it for BK?

    I am required to attend work/internship one day a week while in school for which I will be paid 16/hr.

    I will be paid scholarship monies at the begging of each semester. Considered Income?

    The job I quit is was paying me substantially more than I will be making now. 29.50hr/40hrs a week

    We have had another child since filing our 13.

    341 meeting set for 8/24

    Our lawyer said we would have no problem converting.

    We have 2 cars, one is paid other will have to resume payments. We have a mortgage.

    The thing is our Lawyer sent us a package with our 341 meeting date accompanied with a list of questions and required paperwork to send to our trustee. It is essentially the same paperwork we turned in for our Chapter 13. Since the date of the original filing goes back to the date of the 13 do we need to send new information? And, due to the fact that I just quit my job a request for income by the trustee at this point would not reflect an accurate history of income. I am not sure what to do here. I have turned in to my Lawyer official documentation regarding my school enrollment, my wife's new income, a statement from my new employer stating my new work schedule i.e. one day a week and information regarding my GI Bill. Would the trustee need this info?

    I will be unable to contact my Lawyer until Tuesday.

    Any information is greatly appreciated.

    #2
    Your stipend and your hourly wage are all income. Remember, that in the bankruptcy code (specifically 11 USC 101), there is no definition of "income" but there is a definition for "current monthly income" (CMI). The only thing excluded from CMI is really only Social Security benefits (and some war reparations or payments related to terrorism). It is regardless of taxation, source, and/or purpose.

    Your scholarship to attend school (GI Bill) is not income.

    If your attorney is doing your conversion and saying don't worry, then don't worry. It appears you made some changes after filing, like quitting work and going back to school. If you are earning even less than when you decided on the conversion, I don't see that it matters for income purposes. The Trustee "may" want to see an updated Schedule I/J, but I'm not the Trustee.

    As for the Means Test, many Districts don't require new paperwork, with the exception of maybe Schedule I/J.

    I would say, just try to relax until you speak with your attorney.
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

    Comment


      #3
      The monthly (BAH-based on attendance) stipend one gets for attending school on the VA Chapter 33 program definitely was counted as income on the Means Test *and* on Schedule I for both me (Washington) and basketsbears (Indiana).

      Congrats to you 1longshot on getting your degree. Hubby got his last spring! He managed to work full time, attend school (over half of full time) and get me to various doctors appointments and still graduated Summa. I am so proud of him and thankful for the VA's Chapter 33 benefit that allowed him to go to school.

      Good luck with your conversion!
      ~~ Filed Over Median Income Chapter 7: 12/17/2010 ~~ 341 Held: 1/12/2011 ~~ Discharged: 03/16/2011 ~~
      Not an attorney - just an opinionated woman.

      Comment


        #4
        Originally posted by ValleYum View Post
        The monthly (BAH-based on attendance) stipend one gets for attending school on the VA Chapter 33 program definitely was counted as income on the Means Test *and* on Schedule I for both me (Washington) and basketsbears (Indiana).
        Were you able to include tuition as an expense since the income is contingent on school attendance? Or maybe the VA pays the tuition in addition to the stipend?
        LadyInTheRed is in the black!
        Filed Chap 13 April 2010. Discharged May 2015.
        $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

        Comment


          #5
          We could deduct as an expense the 10%+ of tuition not covered by hubby's GI Bill (our attorney just averaged it into a monthly amount). The % paid by the GI Bill is based on time served after 09/11.
          ~~ Filed Over Median Income Chapter 7: 12/17/2010 ~~ 341 Held: 1/12/2011 ~~ Discharged: 03/16/2011 ~~
          Not an attorney - just an opinionated woman.

          Comment

          bottom Ad Widget

          Collapse
          Working...
          X