Any experiences you can share? Over median but unable to afford a ch 13 repayment???

[lalap123]

Hi,
I am planning on filing in May. Unfortunately my past 6 months income will include a tax refund, retirement funds that I (unfortunately) felt like I needed to access to pay bills and two one-time checks - a dividend check in my husband's name and an unclaimed property refund (?). I also worked VERY little during this time, and also sold some items on Ebay, I think this is going to bring me to about $10,000 over the median.

I haven't yet attempted the means test, but I can tell you now that from our budget we break even every month or are slightly negative w/out my card payments.

What will happen if the test shows that I have extra income? Will the trustee/judge take into consideration that four of my five income sources were one-time occurrences and that they have grossly skewed my income?

[TEW]

wait until that income drops off. I waited 6 months since i had worked a job for a while that put me way over.

[lalap123]

So that's the only option I have?

That sucks b/c I was hoping to get this done and over. Will the credit cards back off for another five months with only my atty's name and phone number? I don't see how this is possible. And will the atty allow me to retain her for that long without actually filing? Will she charge me extra?

[outsidetool]

Keep in mind that just being over median doesn't push you out of Ch 7. Perhaps when completing the rest of the means test you'll find that you still qualify. If not, I'd ask your atty specifically what you have to note for income from the past 6 months. I know from my own case that all because certain income items were received for the past 6 months there might be some wiggle room for future consideration of income. Keep in mind that you'll need an attorney that knows how to play the game and is willing to. I had to go thru 8 of them before finding one that could/would pull it off.

[TEW]

Keep in mind that just being over median doesn't push you out of Ch 7. Perhaps when completing the rest of the means test you'll find that you still qualify. If not, I'd ask your atty specifically what you have to note for income from the past 6 months. I know from my own case that all because certain income items were received for the past 6 months there might be some wiggle room for future consideration of income. Keep in mind that you'll need an attorney that knows how to play the game and is willing to. I had to go thru 8 of them before finding one that could/would pull it off.

That's right you need to do the means test and talk to a couple of attorneys before you worry yourself to death.

[leftyf]

I'm in OH. Worried myself sick since I was about 13K over median. Easily filed a chapter 7 and the 13 never was even suggested. I knew I couldn't make a monthly payment...trustee figured it out too.
Good luck.
I'm not on much lately, but you can check out some of my old posts under Leftyf.