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    #16
    Originally posted by no_it_all View Post
    It depends on exactly <where> on the Means Test you arrived at <Presumption of Abuse Does Not Exist>..If it is on line 15 of the Means Test you are golden. You will never, ever be moved into a Chapter 13.

    Nope Line 15 didn't do it. I had to continue on. I had $81 left over each month after all deductions. Also, while checking my "means test" that was filed, there is a handwritten "?" mark next to the car payment and furniture payment (secured creditors). It appears that my atty left the creditors names out, but entering the amounts. Ugh!!! Wonder who put the ? mark there and what problems this will cause??? On pins and needles. Also, if the trusty asks when the furniture will be paid and I tell him Aug-Sep, he my convert me to a 13 since I'm soooooooo close!!!

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      #17
      Originally posted by nojusticehere View Post
      Nope Line 15 didn't do it. I had to continue on. I had $81 left over each month after all deductions. Also, while checking my "means test" that was filed, there is a handwritten "?" mark next to the car payment and furniture payment (secured creditors). It appears that my atty left the creditors names out, but entering the amounts. Ugh!!! Wonder who put the ? mark there and what problems this will cause??? On pins and needles. Also, if the trusty asks when the furniture will be paid and I tell him Aug-Sep, he my convert me to a 13 since I'm soooooooo close!!!
      You have to show at least $167/month disposable income on filing day to get pushed into Ch 13. Between $100-167/month it's a maybe depending on circumstances. Highly unlikely you can get pushed into a Ch 13 showing less than $100/month in disposable income.

      Remember when you file Ch 7, your bankruptcy estate is set on the day you file. It doesn't matter what is coming in the future. Your trustee isn't going to ask questions about what might happen in the future - no one can predict that.

      So go with the flow and try not to over-think this and get stressed. Answer any question the trustee asks you honestly, but answer just what he/she asks you - nothing more. You'll be fine - really!
      I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

      06/01/06 - Filed Ch 13
      06/28/06 - 341 Meeting
      07/18/06 - Confirmation Hearing - not confirmed, 3 objections
      10/05/06 - Hearing to resolve 2 trustee objections
      01/24/07 - Judge dismisses mortgage company objection
      09/27/07 - Confirmed at last!
      06/10/11 - Trustee confirms all payments made
      08/10/11 - DISCHARGED !

      10/02/11 - CASE CLOSED
      Countdown: 60 months paid, 0 months to go

      Comment


        #18
        Originally posted by nojusticehere View Post
        Nope Line 15 didn't do it. I had to continue on. I had $81 left over each month after all deductions. Also, while checking my "means test" that was filed, there is a handwritten "?" mark next to the car payment and furniture payment (secured creditors). It appears that my atty left the creditors names out, but entering the amounts. Ugh!!! Wonder who put the ? mark there and what problems this will cause??? On pins and needles. Also, if the trusty asks when the furniture will be paid and I tell him Aug-Sep, he my convert me to a 13 since I'm soooooooo close!!!
        I see why you are stressing.

        But there is nothing you can do about it now.

        Take something to relax (valerian herb - available at drug stores - is what I use) and sleep well and watch funny movies and etc. and try not to think about it.

        I wish you the best of luck!
        <<I am NOT an attorney, my comments are anecdotal only. Contact an attorney for advice>>
        FINALLY DISCHARGED 92 DAYS AFTER THE 341! A NEW START!!!

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          #19
          Irprn and PaKettle, you are both absolutely right! I shouldn't worry about it now, what's gonna be will be. The worst that could happen is the 13 for 3 years, very minimal amount, compared to the debt I had. I will think Positive! Thanks again, I shall take your advice, (at least try to, lol) 30 days and counting till the 341. Oh yea, do I understand this right, I need to take the counseling course immediately following the 341 (within 45 days)? Can I take before?
          Last edited by nojusticehere; 02-18-2008, 11:51 AM.

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            #20
            Originally posted by nojusticehere View Post
            ...do I understand this right, I need to take the counseling course immediately following the 341 (within 45 days)? Can I take before?
            You can take the required Debtor Education (aka Personal Financial Management) course anytime between the time you file and are discharged. No sense putting it off. Here's the list of US Trustee-approved post-filing course providers - pick your state from the drop-down list - http://www.usdoj.gov/ust/eo/bapcpa/ccde/de_approved.htm
            I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

            06/01/06 - Filed Ch 13
            06/28/06 - 341 Meeting
            07/18/06 - Confirmation Hearing - not confirmed, 3 objections
            10/05/06 - Hearing to resolve 2 trustee objections
            01/24/07 - Judge dismisses mortgage company objection
            09/27/07 - Confirmed at last!
            06/10/11 - Trustee confirms all payments made
            08/10/11 - DISCHARGED !

            10/02/11 - CASE CLOSED
            Countdown: 60 months paid, 0 months to go

            Comment

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