Okay, I apologize if this has been posted before and I just couldn't find it. This is my issue:
I am over median by around $10K-$12K (for the 6 months) only b/c I had three or four large unexpected or one-time windfalls. So bottom line I do not have the cash flow month-to-month to fund a ch. 13 plan. I want to keep my car and home as well.
Let's say I can find an atty who will go to bat for me on a ch. 7 and argue that my 6-month income is grossly inflated due to X number of circumstances. How do I go about filling out these income and expense schedules (I & J?) that I keep reading about? I've been told that our budget cannot be negative if I want to keep my car. So my dilemma is, when I plug in the actual expenses to bring my overly inflated income down below the median I am plugging in all sorts of numbers that can and will change in the next few months (part-time childcare will end in May, haircuts that we may spend $50 on now can be done for less, etc.). This way I can show that we have about $0-$20 left each month. HOWEVER, if I'm arguing that my income isn't normally what it looks like then how can I defend a budget going forward without all of those "extras"? In other words, will the judge let me argue my budget going forward instead of looking back to show him that yes, now that we are only bringing in 3/4 of what we have been over the past 6 months we are going to do X, Y, and Z to be able to afford the car (but to still not be able to afford a ch. 13 plan)? That kind of seems like trying to get the best of both worlds and I'm not sure any judge will allow this.
Sorry if this post is confusing. I can clarify points if need be.
I am over median by around $10K-$12K (for the 6 months) only b/c I had three or four large unexpected or one-time windfalls. So bottom line I do not have the cash flow month-to-month to fund a ch. 13 plan. I want to keep my car and home as well.
Let's say I can find an atty who will go to bat for me on a ch. 7 and argue that my 6-month income is grossly inflated due to X number of circumstances. How do I go about filling out these income and expense schedules (I & J?) that I keep reading about? I've been told that our budget cannot be negative if I want to keep my car. So my dilemma is, when I plug in the actual expenses to bring my overly inflated income down below the median I am plugging in all sorts of numbers that can and will change in the next few months (part-time childcare will end in May, haircuts that we may spend $50 on now can be done for less, etc.). This way I can show that we have about $0-$20 left each month. HOWEVER, if I'm arguing that my income isn't normally what it looks like then how can I defend a budget going forward without all of those "extras"? In other words, will the judge let me argue my budget going forward instead of looking back to show him that yes, now that we are only bringing in 3/4 of what we have been over the past 6 months we are going to do X, Y, and Z to be able to afford the car (but to still not be able to afford a ch. 13 plan)? That kind of seems like trying to get the best of both worlds and I'm not sure any judge will allow this.
Sorry if this post is confusing. I can clarify points if need be.
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