Terrible News .....

[TEW]

If you are in middle district PA PM me my lawyer was great I will give you her name.
I was way over median

[debtmonster]

Just curious - do you work debt?

What does working debt mean? How do you work a debt?

[OhioFiler]

What does working debt mean? How do you work a debt?

She posted "Do you work, Debt[monster]?"

[TEW]

She posted "Do you work, Debt[monster]?"

UMMM do you have a job

[debtmonster]

No, it's mostly restaurants and some work-related, but not much. Lots of it are old debts from the past. $40,000 in medical bills from last year. Multiple car repo's since 1992. $140,000 of it is my house. The rest is old credit cards. Everything is included.

[kenshirley]

Hang in there. We were over the median too when we went for advice and to file last October.
We only had two secured items, the home and RV that we surrendered.
All the other bills were secured. We waited until we had just our retirement income to file so we were below median.
Is that 6 month game relevant in this economy. No
I don't know how long that has been there but it stinks!

[LaidOff53]

sadly the only way we can get under the median is to wait until DH's unemployment checks run out and after all the extentions that will be Dec 09 , Or for him to take a job now that pays less than what he is getting a month on unemployment and thats shooting ourselves in the foot ! We know that he will not get another job that pays what he was getting ( steel mill ) he had 24 yrs at that job and we cant see anyone hiring him at the wage he was getting ( he has gone on a couple of interviews ) at 53 its gonna be tough enough to find a decent job let alone a good paying job in this ecomony !! employers here are taking advantage and paying less wages knowing full well people are getting desperate and will work for less simply to have a job . I went through month by month and check by check and just cant seem to get below the median , either he has 3 checks in one month or i do which inflates our 6 month income .

[dingdong]

Just because you are over median does not necessarily disqualify you from a ch 7.

DId you take the means test with your expenses?

Take the means test and see what your results are. Debtstinks has written a script for another means test and provided a link here on the forum somewhere.


Also, see my post here http://www.bkforum.com/showthread.php?t=36855 about a debtor over median by 30,000.00 that challenged a UST and won.

JUst because you are over median does not mean you don't qualify, that is why the means test is there

Talk to some more attorneys. There are good ones and bad ones out there, perhaps you have the latter?

[debtmonster]

So are they going to dismiss my Ch. 7 just because I don't have receipts now for every time I spent $200 at Super Walmart to buy groceries?

I need to go to the court now and watch other bankruptcies and see how they pan out. You can do that, right? Can anyone just walk in and watch?

[dingdong]

You can attend a 341 hearing. Which is pretty much all of the public part of the BK process, most of the other stuff happens behind the scenes.

Unless you are contested by a creditor in an AP or the UST, there really isn't much to see.


Attending a 341 might make you feel more comfortable with your own 341, but every case is different so the things you may happen to hear discussed will really be a crap shoot as to which 341 you might attend.

I didn't need to produce anything but my last tax return.


Are you over median? Why are you worried about receipts?

If you are over median, and you have enough allowable expenses in your means test, you should only have to provide proof of your expenses?
I have never been a receipt saver either. Half the time I leave them in my car and they turn black because they are printed on that heat sensitive thermal paper and when the sun hits them, it is all over!

[debtmonster]

No, that's why I am waiting until July to file so I can be way under the median. I made almost $8,000 in December. The median is $4,200 for a married couple. So as long as I can average under $4,200 from January until June, then hopefully I should be okay?

[Floridagail]

I waited 27 mos to file. It takes a long time for creditors to sue, ( Cap One was only one that sued me after about 18mos) the rest just wrote it off. I just disconnected by phone and got np listing. I only filed because Cap one wanted my personal retirement statments to prove I was only getting retirement. I was Judgement proof. My attorney said they could request it again at their time frame. who wants be bothered. So I filed. The debts will still be there. just wait.

[debtmonster]

I waited 27 mos to file. It takes a long time for creditors to sue, ( Cap One was only one that sued me after about 18mos) the rest just wrote it off. I just disconnected by phone and got np listing. I only filed because Cap one wanted my personal retirement statments to prove I was only getting retirement. I was Judgement proof. My attorney said they could request it again at their time frame. who wants be bothered. So I filed. The debts will still be there. just wait.

Yeah, but I've already paid my attorney $3,000! I don't want to wait that long. I want to do this NOW and get it over with and to also stall my foreclosure a little bit.

I still have my BMW which I am paying full coverage insurance on. As soon as they take it away, I can drop the insurance and save $60/mo. That's $60/mo. I could save towards another car.

I was really hoping to buy a used Volkswagen, but after reading some of the reviews, as much as I'd love to buy one of those cars, it's a real crap shoot. From what I've read, you'll either love them or hate them.

[BillyRip]

No way that combined income prevents you from passing the means test. I would bet the median income in your state is at least $55K.

What about a mtg? If you have one, stop paying it. If you are going to go BK&, you'll have to give it up. In Colorado the mtg company has to give me 4 mos. notice. I haven't paid in 4 months and they are asking that I become current by mid April, which I won't. I expect it'll take at least two weeks, if not months before I get a sale date. I'll be here 6-9 months mtg free.

And... Most importantly, go see another Atty.

[Logan]

Yeah, but I've already paid my attorney $3,000! I don't want to wait that long. I want to do this NOW and get it over with and to also stall my foreclosure a little bit.

I still have my BMW which I am paying full coverage insurance on. As soon as they take it away, I can drop the insurance and save $60/mo. That's $60/mo. I could save towards another car.

I was really hoping to buy a used Volkswagen, but after reading some of the reviews, as much as I'd love to buy one of those cars, it's a real crap shoot. From what I've read, you'll either love them or hate them.

$3000 to an attorney? Why?