Means test questions

[Proxy]

I have not had a job for a few years.Withdrew from IRA May 2008 and am using that money to live on. So in doing the means test for CA, do i have to put that as income? Technically i didn't have a job for the last 6 months so there is no income. Do I even have to do the means test or just assume I qualify for Ch 7 .No assets, just an old 15 yr old car that is paid off.

Ch7 means test.

When doing the expenses form, if I am in the 90 day (after NOD) foreclosure period, CAN I use the Ist and second mortgage payments even though i have not paid them since Feb this year? I am still living here and paying utilities.

Thanks for reading this and appreciate any help

[JRScott]

You wouldn't use an IRA withdrawn that far back, however you would need to be able to exempt any of the monies in a savings account or checking account.

You can attempt to use them but it is possible the trustee might not allow it if you don't plan to keep it, that is really up to the district and so I'm not sure what to tell you for sure.

You do have to take the means test, everyone does. But if you have no income you'd just write 0. If it was me I'd probably not file til I had a job, that way you make sure to discharge the maximum amount. I mean its not like they can do much to you unless you have significant savings/checking. Which if you do you need to see if you can exempt them.

Have you checked with any attorneys in your area for a free consult yet? If not you might see 3-4 to get an idea for how they think it might pan out for ya.

You did mean May 2008 right not May 2009?

[Proxy]

Yes, May 2008 was the withdrawal.

Plan on filing mid august ( waiting for cash advances total of 1500 bucks taken in early May this yr to go the 90 days)

As for the job, if i get one, it would put me way over the median then I won't qualify for Ch 7. If I file with a job, I may not get to do a Ch 7.

By the time I file, I will have approx 4k in cash and i bet the exemptions in CA will cover that won't it?

Before i even talk to an attorney, I have do the prep work,(well in reality I am scared shameless even setting up a consult. It is the whole remorse, shame thing going for me.)