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Preparing to file w/in next few months or sooner....

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    Preparing to file w/in next few months or sooner....

    OK, I've been reading forum after forum. This one is great. I've also been doing my homework on the net as well as trying to decide whether to file pro se or hire an attorney. So, from what I understand and if I'm interpreting everything correctly:

    1. No means test if my income is below CMI (I'm about 5k below)
    2. If no homestead, you can claim exemption for cash in savings. (I don't own assets or real property and have a mere 3k between me and my 2 kids custodial/educational IRA accounts. That would be exempt, right?)
    3. To file you will need 2 years tax returns
    4. Bank statments - this is to verify bank balances at time of filing and at time of 341 meeting
    5. 60 days paycheck stubs to calculate income based on past 6 months pay
    6. I can reaffirm auto loan and credit cards given I'm current and they agree
    7. On creditors matrix, list original creditor and collections agency but don't double debt amounts
    8. Value personal belongings based on garage sale value. (All of my home furnishings were purchased off craigslist so I'd put the craigslist purchase price minus reasonable depreciation?)
    9. I could claim my car under exemption as long as the equity isn't more than federal or state guidelines. (CA doesn't have state guidelines. The federal if no homestead is 3300 I believe, which I'm well below.)
    10. 401K and IRAs are exempt. (Not much in those either)
    11. Red flags would be major purchases charged on credit right before or right after filing. Paying for a 1k family vacation with cash or debit card is not a big deal, right? (The only credit card I have is a 200 limit Target credit card)

    Have I covered it all?

    Thanks!

    #2
    I am confused by your post, but I am sure it is just me as it has been a long day. :-)

    My understanding is you only have 200 in CC debt, and have a car financed which you want to keep, and no homestead.

    I would be careful about the vacation however. I don't know the laws on that, but you don't want to raise red flags.

    Whatever you do, I wish you the best.
    8-07-09-filed Chapter 7
    11-18-09-DISCHARGED!!

    Life is not what challenges you face, but how you face those challenges.

    Comment


      #3
      You won't be able to reaffirm your credit card debt.

      It will take 6 months of pay stubs to calculate 6 months pay.

      Everyone must complete at least 2 parts of the means test.
      Well, I did. Every one of 'em. Mostly I remember the last one. The wild finish. A guy standing on a station platform in the rain with a comical look in his face because his insides have been kicked out. -Rick

      Comment


        #4
        Originally posted by NoMoreCards View Post
        I am confused by your post, but I am sure it is just me as it has been a long day. :-)

        My understanding is you only have 200 in CC debt, and have a car financed which you want to keep, and no homestead.

        I would be careful about the vacation however. I don't know the laws on that, but you don't want to raise red flags.

        Whatever you do, I wish you the best.
        Right - no homestead, auto loan I'd like to keep and current cc debt of 200. Oh, I forgot I have another 400 cc debt and credit line for dental needs. All are current. I'm filing bk due to 11k judgment against me and in filing may as well also include a couple of charge off's. Total debt including student and auto loans, current/no late cc debt and charge off's is roughly a little over 30k.

        Thanks for the well wishes!

        Comment


          #5
          Originally posted by OhioFiler View Post
          Everyone must complete at least 2 parts of the means test.
          Hi, would you mind telling me which 2 parts those are. I did an online means test through a link provided by a poster on this board and actually came out in the negative.

          thanks!

          Comment

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