Chapter 7 or Judgement proof

[EricaCallaha]

Honestly, it looks like you are not judgment proof. You own things. They will attach to those things. If you file for a 7, you get it over with. You don't have to worry about looking over your shoulder all the time where your money is concerned.

Good luck. It is a hard step to take.

[rmab46]

bank accounts

They will get a Judgement for sure, if they want one, you owe them. But really all they can do is try to freeze your bankaccount , even if it has only ss in it. My attorney told me to change bank accounts right away. They get a judgement to look for assets and bank account is one. I did not want them knowing my account numbers for retirement pensions and the judge in my case ordered I provide all account numbers to them if I am judgement proof. So the they would have my bank account numbers etc. Also they can request that information every 6 mos to see if you have obtained any assets.

know here in Arizona SSD and VA disability can not be touched in a judgement. If you go in front of judge and explain to him you only receive thought he would not issue let they go after your account. Also, if they did I am told it is held by the sherriff for 3 weks and you to go to him with your SSD and VA paperwork and they would un-freeze it

[rmab46]

Dmi

im 1200 bucks below the median on my income... factor in the SS thats not supposed to be used on the means test and i get a DMI of 500 bucks.. screwed!

but the good news is that because im below the median on my retirement, i only have to be an indentured servant for 3 years and not 5..

I am not sure how that works. I know my lawyer looked at all my numbers and said that here in AZ they give you the means test and your are or you aren't qualified for BK7 and I am. As far as once they add in the SSD I don't know how that works but he said I should be fine and they would work something out. He has told me nothing about the judge turning my BK7 into a 13. I a BK 13 you have to be able to pay back in 5 years. There is no way I could pay them back in 5 years

[rmab46]

income

im 1200 bucks below the median on my income... factor in the SS thats not supposed to be used on the means test and i get a DMI of 500 bucks.. screwed!

but the good news is that because im below the median on my retirement, i only have to be an indentured servant for 3 years and not 5..

We are a party of 3 here. In AZ it shows 56K in income for a party of 3. My income for 3 is around 35K which is well below. When you add in the rest of the money I have a little left but that is what he is for to figure out what to do

[floridian]

thats what i thought too, but its not working out that way... good luck...

[vaslimkat27]

According to the Means Test if your disposable income is more than 109 per month you can be rolled over to a chapter 13. In the $5500 did you include food, car insurance, car maintenances, medical expenses and child care? If not you should be okay with chapter 7 once these expenses are added. You can also go to http://www.usdoj.gov/ust/eo/bapcpa/meanstesting.htm to see if there are any other allowable deductions you can include.

[rmab46]

filing

thats what i thought too, but its not working out that way... good luck...

Well, before I file anything for the bankruptcy I am going to make sure we are covered. With my money we have just enough to pay all the bills after bankruptcy including the food, elec, ect. But when they figure in my wife's part time job ($600.00) per month that is where I run into trouble and we are on the rocks. My concern is when we separate I will not be able to get by and then I am really screwed. That is the reason I am very concerned.

Also, I am giving the lawyer an estimate of all my month expenses but a couple are higher (like gas for the car) that I have been paying cuz we have not been able to afford to drive both cars and go anywhere. Also for the last few months gas has been very cheap. I figured it out for when the prices go higher again in which they will to cover my costs and then I added in cost of car Insurance, ect.

[rmab46]

filing

thats what i thought too, but its not working out that way... good luck...

Well, before I file anything for the bankruptcy I am going to make sure we are covered. With my money we have just enough to pay all the bills after bankruptcy including the food, elec, ect. But when they figure in my wife's part time job ($600.00) per month that is where I run into trouble and we are on the rocks. My concern is when we separate I will not be able to get by and then I am really screwed. That is the reason I am very concerned.

Also, I am giving the lawyer an estimate of all my monthly expenses but a couple are higher (like gas for the car) that I have been paying cuz we have not been able to afford to drive both cars and go anywhere. Also for the last few months gas has been very cheap. I figured it out for when the prices go higher again in which they will to cover my costs and then I added in cost of car Insurance, ect.