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few questions before filing CH7 in CA

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    few questions before filing CH7 in CA

    Im new here, but spent hours and hours reading posts and really learned alot. I have a few questions I hope someone can help me with. My situation is a little unique. I will be seeking legal advise soon -I need to find a good attorney that will work with me directly, and not have a paralegal handling my case.

    A few years ago I had a business fail and I have a couple six figure default judgments against me that I will never be able to get rid of. Over 95% of my debt is this, not consumer debt. No car loan, no mortgage, no credit cards. I currently have no assets that will be non-exempt. I am currently unemployed and living with relatives. I plan on filing later this year, and will be getting a job and apartment before filing.

    What if I dont have 6 months of bank statements prior to filing? I dont have an account right now, but will open one and keep perfect records after I take a job. I have side income from misc jobs which is how I support myself now, I need to start documenting it better. This side income will continue after I get a job, probably just a few hundred a month.

    What will the trustee have to say about me getting an apartment right after getting a job, say 3 or 4 months before filing? Its expensive to live around here, a crappy dump of a 1bd apt costs $1200. Will the trustee want to break the lease and try to make me move somewhere cheaper?

    I plan on structuring things so I have a reasonable budget, and not much surplus left over. Is this too perfect? Im not up to anything, not hiding any income or anything, there just isnt any point to me making any real money right now as it will just disapear.

    I am the sole owner of a corporation, balance sheet wise its in the red, but may become in the black by a bit by the time i file, sometimes it makes a little money and I am able to pay myself a bit, sometimes it doesnt. Depending on where the corp's balance sheet is at when I file, say the corp is worth $2,000 and i have room in my wildcard can I keep it? Or if its in the red and not worth anything will the trustee abandon it and let me keep it? The corp is legit and not an attempt to hide assets (if i had assets i wouldnt be living on a couch), I want to keep it for various reasons, but is this going to set off an alarm?

    Sorry for the long post, I appreciate any insight.

    #2
    Originally posted by onlywayout View Post
    Im new here...
    Welcome! Glad you found us!

    What if I dont have 6 months of bank statements prior to filing?
    You can only provide what you have. Explain you've been unemployed and also be prepared to explain how you've supported yourself during the time you've had no money coming in ("I've been living with relatives" is the answer, btw )

    What will the trustee have to say about me getting an apartment right after getting a job, say 3 or 4 months before filing? Its expensive to live around here, a crappy dump of a 1bd apt costs $1200. Will the trustee want to break the lease and try to make me move somewhere cheaper?
    Trustees can't make you move or make you get a job - that's not what they do in bankruptcy. They take your situation and see if there's sufficient extra money available on the Means Test and Schedules to pay back your creditors even a little something. If you don't have it, the trustee states you are a no-asset case and that's the end of it.

    I plan on structuring things so I have a reasonable budget, and not much surplus left over. Is this too perfect? Im not up to anything, not hiding any income or anything, there just isnt any point to me making any real money right now as it will just disapear.
    What you are doing is pre-planning your bankruptcy. Not only is it legal, it's absolutely the right thing to do in your situation.

    Depending on where the corp's balance sheet is at when I file, say the corp is worth $2,000 and i have room in my wildcard can I keep it? Or if its in the red and not worth anything will the trustee abandon it and let me keep it?
    There's no way for us to answer this question without knowing a lot more about your finances than you've posted here and also knowing the typical practices of the local trustee you'll be assigned. This is a perfect question to ask the 3-4 experienced local bk lawyers you interview to represent you.
    I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

    06/01/06 - Filed Ch 13
    06/28/06 - 341 Meeting
    07/18/06 - Confirmation Hearing - not confirmed, 3 objections
    10/05/06 - Hearing to resolve 2 trustee objections
    01/24/07 - Judge dismisses mortgage company objection
    09/27/07 - Confirmed at last!
    06/10/11 - Trustee confirms all payments made
    08/10/11 - DISCHARGED !

    10/02/11 - CASE CLOSED
    Countdown: 60 months paid, 0 months to go

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