am i to poor to file chapter 7 ??

[LaidOff53]

My husband is laid off , I work but only make 24,000 per yr , we pass the means test if we do not use husband unemployment income per month. we want to keep our house which after figuring in our 41,000 exemption we will be able to keep it , but , since he doesnt have a job will the trustee say we dont have enough income to keep making the mortgage payments and take it ? should he go and take any job before we file ? we are current on our mortgage at least for now.

[TEW]

My husband is laid off , I work but only make 24,000 per yr , we pass the means test if we do not use husband unemployment income per month. we want to keep our house which after figuring in our 41,000 exemption we will be able to keep it , but , since he doesnt have a job will the trustee say we dont have enough income to keep making the mortgage payments and take it ? should he go and take any job before we file ? we are current on our mortgage at least for now.

As long as you can keep making the payments you will not loss the house. Don't try to reaffirm the loan.
See about some free consultations with BK attorneys

[LaidOff53]

thanks Tew
I am just terrified that the trustee will say there is noway that we can make the mortgage payment based on the 1900.00 per month that i bring home , when i did the means test without hubby's unemployment , it came up negative -2000 per month of disposible income . i feel i will be to poor in his eyes to pay for the house + living expenses a month. we have to keep the house , 920 per month mortgage is what we would pay in rent anyway , We would be living on the street if we werent able to keep the house .

[TEW]

That is not what the trustee does. the trustee looks for assets he can sell to pay your creditors. he does not in a chapter 7 make a discrimination what you can afford. you need to count your husbands unemployment on the means test.

[LaidOff53]

but why would we count if it we dont have to ? if we count the unemployment it will put us only 120 per month under to pass the means test , and the unemployment is only temporary . I read somewhere that you didnt have to count it according to federal bankruptcy .

[TEW]

but why would we count if it we dont have to ? if we count the unemployment it will put us only 120 per month under to pass the means test , and the unemployment is only temporary . I read somewhere that you didnt have to count it according to federal bankruptcy .

no you count all sources of income. you are only doing the first half of the means test. have you done the schedule I and J ? that's where you put in all of your expenses

[LaidOff53]

yes i did the complete means test on legal consumer.com , we have the house that we owe 128,000 on and its worth about 140,000-ish , we own a 2001 gmc sierra and 2001 neon free & clear , and 49,000 in cc's .

[TEW]

how about the expenses for food, clothing, hair cuts. gas

[LaidOff53]

I didnt notice that on the form.

http://www.legalconsumer.com/bankruptcy/bankruptcy-means-test.php?ZIP=15317&ST=PA&CBSA=38300&FEDCT=PAW&CITY=CANONSBURG&METRO=Pittsburgh%2C+PA

[TEW]

I didnt notice that on the form.

http://www.legalconsumer.com/bankrup...ttsburgh%2C+PA

yup that's the first half.
if you plug in all your info and it says you above means it tells you to complete the secound half. thats where the rubber meets the road.

[LaidOff53]

ok, since we just below the means test using his unemployment do you think that they will give us a problem? one other problem we have is that our truck is valued at 10,000 after using the 3000 exemption i bet they will take it to sell , but how can my husband look for workout it ( im sure they dont care )also we have a 2001 neon and its valued at 3,500 , so i think they would abandon it with the exemption.
thanks

[arami008]

Too poor???

No you are not too poor...my husband, my two toddlers and I live on 1348/month and it's all public assistance because we can't get jobs...now that's poor and I am filing.

First I wasn't able to work because my son was very sick and received a transplant, and my husband was illegal at the time. Now my son is all better and my husband legal but no luck finding jobs....! This crisis is hitting us hard.

Well i guess i needed to vent. Sorry.

So don't feel bad, I don't think there is anyone else out there who is in my situation.

[OhioFiler]

ok, since we just below the means test using his unemployment do you think that they will give us a problem? one other problem we have is that our truck is valued at 10,000 after using the 3000 exemption i bet they will take it to sell , but how can my husband look for workout it ( im sure they dont care )also we have a 2001 neon and its valued at 3,500 , so i think they would abandon it with the exemption.
thanks

Where are you getting these values for these vehicles? I don't think you could get $1,000 for a 2001 Dodge Neon on craigslist.

I can't picture his truck being anywhere near worth $10,000.


You need a free consult with an attorney.

[LaidOff53]

I got them both on KBB.com , I have read on these boards that is where trustees get values. Believe me i want them to have low values !!! and yes we are going to consult with an attorney im making that call tomorrow !!