Please answer my ?s. I dont want to screw up!!

[Mommy22]

Just a few ?'s concerning possible Chapter 7. This board has been amazing!!

1. For the means test do they use the yearly income that shows on paychecks or your actual W2?


2. I owe roughly 14000 to Citi. And we lst used the card approx 2 months ago for about 2000 in a single cash advance. If I wait till November to file if I can do you think they will object to the discharge?


3. If you are single but a mother of 2 (the children live w/ their father) and are allowed to claim one child on your w2 do you get to include that child making you a family of 2?


4. Last ? if I make 39000 a year but pay 13000 a year in child support and live in TN will I automatically pass the means test?

[freshstart06]

go to www.legalconsumer.com and see if you qualify for chapter 7. it is based on your gross but later it will ask for your payroll deductions. Don't sugarcoat your income and take out deductions that are not there or add expenses that are not there. I did the worse case lower expenses and we still passed so that made me feel a lot better because we are a little over the median.

[BKTango]

First of all, welcome to the forum. Hopefully you can get some insight and some answers that you are looking for. I will answer your questions the best I can and hopefully maybe some other folks will come along and jump in.


1. For the income they would more than likely just look at year to date on the paystubs, as was our case. If you are looking for last years total, then use the w-2. Generally the look back period for income is the 6 months prior to filing, always use your gross income unless otherwise stated.

2. That depends, usually if the cash advance/purchase is made before 90 days prior to filing bankruptcy the burden of proof would lie upon them. (If they cited fraud or any other reason for objecting) If you last used the card in May, that would put your filing period 6 months from that time (according to you stating you wouldn't file until November), that should be more than enough time to pass. You really shouldn't have problems with the cash advance. Just do not use the cards anymore.

3. You are allowed to claim dependents that are claimed on your taxes. If you only claim 1 child on your taxes, then yes, you would be a family of 2.

4. The Tennessee median income for a family of 2 is $43,487, so you are already below the median.

Hopefully that helps a little. Like I said maybe someone else can come along and help you out a little more. Good luck to you.