HELP...I think we waited too long

[yorkin]

This is crazy and I've never seen any question like this on the forum so I hope someone can help! My husband's business went under about 1 year ago. We

immediately considered BK but needed to wait until we qualified for the means test. We retained an attorney in April...well, guess what? We still haven't

filed. This is the question...we have zero income except what I earn from selling on Ebay and selling everything we can. We haven't paid our mortgage

since Dec 2007 and the house sold at auction recently and we are moving out in December. We have no assets, no home, no car payment, no $$ in the

bank, no health insurance, no bills except for food, gas, electric, phone, cell phone, internet. We are in the most perfect position to file and not have much

questioned.

We should have filed about 3-4 months ago but we just never had the $2500 for our attorney. So now, my husband is actually going to start pulling a

salary and we have to rent a house and things are looking up...except that we still want to file but now if we put down his income I think it screw it all up.

Do they question how you have the money to rent a house?? It's been perfect up til now 'cause we were just able to say we were walking away from our

house and weren't making the payment. Is our BK based on what's happened for the last year or will they look at current and future income to decide if

we're eligible?? We will have the money to file next week but we also will have a little bit of money to move, etc...

We suffered all freakin' year to make our BK easy and now i think we blew it. Can somebody help with any of these concerns? Thank you so much!!

[TEW]

They look at the last 6 months. SO if you are going to file you need to do it soon before there is a lot more income to report. Is your husband making to much for you to pass the means test?

[AngelinaCat]

yorkin, I would love to be able to try to help you but I cannot read your run-on paragraph.

Kudos go to TEW who seems to have been able to decipher your message. But my tired old eyes can't make out what you are asking, though I have been trying. When I get halfway through, my eyes cross the line, then it becomes gibberish and I have to start over again.

Please put a double line between each paragraph when you post. I know that you are very upset, and I really wish to help.

Thanks

[yorkin]

Oops, sorry 'bout that AngelinaCat...I edited it so you could read it better!

[yorkin]

see following message...I messed this one up!

[yorkin]

They look at the last 6 months. SO if you are going to file you need to do it soon before there is a lot more income to report. Is your husband making to much for you to pass the means test?

Not right this minute he's not...and hasn't all year. Now when I list my expenses I will have rent and wonder if they say..."How are you paying this rent when you have no income...and if you now have an income you don't qualify for BK" or do they just go by the past 6 months?? I mean, hypothetically, say someone files for BK, has no income, and all of a sudden gets a really good job. Do they care about the future income or is everything based on the past months???

[TEW]

just the 6 months and it is as of the day of filing so if he made 4k in 2 months you are going to put down 4 k. not what he is going to make.

[mmenz22779]

TEW wouldn't it be 4000/6 = 666 a month for average income during the 6 months.