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    New - filing Chapter 7 next week

    My dh and I have been running from this as long as we can and we can't run anymore. We entered a CCCS DMP program last July and now cannot make the payments. We owe over $20K on credit cards, over $75K on our house and another $45-$50K on student loans. I know the student loans won't go away, but without the DMP payments maybe we can make some leeway. We also owe all of this on a $25,000 annual salary. Yes, $25K income with over $100K in debt. We were very, very stupid. The salary is primarily my dh.

    We have spoken to an attorney and we plan to file within the next two weeks. I do have a couple of questions, though. I have looked through the stickies and done a search and can't really find any answers.

    I've seen people talk about the 6 months of previous income. Our attorney said 60 days, but I'm going back 90 days and keeping track of all future income. Did the requirement change?

    I have been self-employed in a service business for just over 4 years and my income is very up and down. I am currently gathering invoices, printouts, and payment information from March through today as I don't have paystubs. Would those suffice?

    I am starting a new job next week as well with the Post Office. I'll be a temp worker delivering mail on Saturdays and when the regular carrier needs a day off. I have been looking at purchasing an abandoned vehicle from my father's auto shop to use in that job instead of using my primary vehicle and I would only have to pay him the expenses he has in the vehicle such as towing and storage. I would have to make payments on the vehicle, though, so how would that work out? I would pay my father directly.

    We are going to let our house go. We are about $12K upside down according to the tax records. Our plan is to move to a new city in a new state. Dh already has a job application in there - family lives there - and he's been told it may take about 4 months to get hired. Regardless of if he gets that particular job, we do still plan to continue to apply for jobs in that area and eventually move. Our plan is to live in the house as long as possible and then move in with my parents after that until we can actually move to the new state. How will that affect the bankruptcy regarding state law? We'll be moving from Georgia to Alabama.

    And finally, is there a sticky I missed somewhere showing the process step by step?

    Thanks.

    C from GA
    C in GA - Filed Chapter 7 Aug '09
    341 Hearing Oct 8, '09 - DONE

    #2
    The means test previous 6 months income seems to be pretty firm. (I don't know why he said 60 days, everything I heave learned is 6 months.)
    Retained 3/09 * Filed 6/2/09 *341 Meeting 7/23/09 *Report of No Distribution Filed 7/24/09 *Closed and Discharged 10/13/09*
    ***I do not provide legal advice. All I am doing is sharing my thoughts and opinions. You probably shouldn't even read my posts.***

    Comment


      #3
      So I need to be going back through December. That is going to be difficult for some of my income as I no longer have access to those invoices for one contract I had. I guess copies of bank statements should suffice though as the money was direct deposited. Does anyone ever use Quicken statements or do they all have to be direct from the bank or other institution?
      C in GA - Filed Chapter 7 Aug '09
      341 Hearing Oct 8, '09 - DONE

      Comment


        #4
        They're not required to take the means test if they are below median. At $25,000 I'm sure they are well below.

        But still, I would think the trustee would want to see 6 months of paystubs/income unless their district is different. The attorney may know something about what the trustee looks for.
        Lying awake at night...
        Waiting to file...
        Roughly $34,000 in credit card debt

        Comment


          #5
          Originally posted by cwilliams View Post
          I've seen people talk about the 6 months of previous income. Our attorney said 60 days, but I'm going back 90 days and keeping track of all future income. Did the requirement change?
          It is 60 days of paystubs. However, the lookback period for determining whether you have the "means" to fund a Chapter 13... is 6 months.

          Originally posted by cwilliams View Post
          I have been self-employed in a service business for just over 4 years and my income is very up and down. I am currently gathering invoices, printouts, and payment information from March through today as I don't have paystubs. Would those suffice?
          They would... are you a W-2 employee or 1099 payee? This will make a difference in how the Trustee treats you. If you are a W-2 employee, then you'll have less documentation. If you're a 1099 payee... paper, paper, paper!

          Originally posted by cwilliams View Post
          I would have to make payments on the vehicle, though, so how would that work out? I would pay my father directly.
          Your father would have to issue the Title with a lien on it.

          Originally posted by cwilliams View Post
          We are going to let our house go. We are about $12K upside down according to the tax records.
          Tax records are not the way to determine equity.

          Originally posted by cwilliams View Post
          And finally, is there a sticky I missed somewhere showing the process step by step?
          Which process?
          Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
          Status: (Auto) Discharged and Closed! 5/10
          Visit My BKForum Blog: justbroke's Blog

          Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

          Comment


            #6
            Originally posted by DownNotOut View Post
            They're not required to take the means test if they are below median. At $25,000 I'm sure they are well below.

            But still, I would think the trustee would want to see 6 months of paystubs/income unless their district is different. The attorney may know something about what the trustee looks for.
            Ahh, that's true.
            Retained 3/09 * Filed 6/2/09 *341 Meeting 7/23/09 *Report of No Distribution Filed 7/24/09 *Closed and Discharged 10/13/09*
            ***I do not provide legal advice. All I am doing is sharing my thoughts and opinions. You probably shouldn't even read my posts.***

            Comment


              #7
              Originally posted by DownNotOut View Post
              They're not required to take the means test if they are below median.
              A minor addition to that...

              Everyone needs to complete the means test form (B22A/B22C) regardless of income (so long as the debt is primarily consumer debt). The calculation of current monthly income is what determines if you're below median or not, based on the six month lookback period. Every consumer debtor needs to complete form B22A (for Chapter 7) or B22C (for Chapter 13) and file this as part of their petition.

              While the net result is that they don't "need" a means test (by completing the entire form)... they still have to complete a portion of the form. In a Chapter 7, this means that the below median income debtor does not need to calculate their disposable income and apply the additional "means" test to determine eligibility.
              Last edited by justbroke; 05-23-2009, 10:58 AM. Reason: corrected!
              Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
              Status: (Auto) Discharged and Closed! 5/10
              Visit My BKForum Blog: justbroke's Blog

              Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

              Comment


                #8
                I have gotten 1099s in the past. I got my last deposit from one company this month so I will have a 1099 for them this year. I have a service business and I get paid via Paypal or by check or money order. I am keeping invoices and copies of checks for that. The Post Office job will be a W-2 and I'll be getting paystubs for that.

                So the 6 months means test is for a Chapter 13? With our income I'm sure we'll do a chapter 7. If they look back at our deposits for the past 6 months they'll see our tax refund and my previous contract job that I no longer have.

                I wanted to know if there was a post or sticky outlining the Chapter 7 process from filing to completion.

                Does anyone have any idea about making a move in the middle of this? Would my dh be able to move to a new state and start working while I stayed in our current state until this was settled?

                C in GA
                C in GA - Filed Chapter 7 Aug '09
                341 Hearing Oct 8, '09 - DONE

                Comment


                  #9
                  There are some FAQ's here:


                  I'm also in GA, but have not met with a lawyer yet because we're probably not going to file until a later this year or even early next.

                  Did you already hire your lawyer or was it just a consultation?

                  I'm so glad to have found this forum because I was clueless about this whole thing. The more info you have, the better. I want to know/research everything I can before I even meet with the lawyer .

                  Here is also a list of exemptions that I found helpful, too.
                  Georgia bankruptcy exemption laws help you keep property in bankruptcy. Learn how the Georgia bankruptcy exemptions can protect your property.

                  Comment


                    #10
                    I've been to see about 6 attorneys and since I'm self employed they all said I didnt need to take the means test..Is that not true?? Or maybe because most of my debt is from business cc's?

                    Comment


                      #11
                      Thanks for the link to the FAQ. That was exactly what I needed!

                      It was a consultation with an attorney. He was recommended by CCCS. We're planning to file either next week or the week after. My dh wants to file this week but I'm going to be gone all day training for my new job so I can't go with him to sign the paperwork this week.

                      I'm glad I found this forum as well. This is a scary step and I want to be prepared.
                      C in GA - Filed Chapter 7 Aug '09
                      341 Hearing Oct 8, '09 - DONE

                      Comment


                        #12
                        looking forward

                        [QUOTE=justbroke;279891]It is 60 days of paystubs. QUOTE]


                        is this for schedue I

                        Comment


                          #13
                          We're going to the attorney's office tomorrow to give him a retainer and start the paperwork. Should we call our mortgage company and let CCCS know what we are doing?
                          C in GA - Filed Chapter 7 Aug '09
                          341 Hearing Oct 8, '09 - DONE

                          Comment

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