I met with our attorney again this morning in regards to the letter he received from the UST. The UST wants copies with all attachements of the last 2 tax returns, last 6 months pay stubs, copies of any additional income in last 6 months and copy of 401K loan amortization table. The UST commented that I have 1000 in disposable income based on schedule I/J.
If I run the means test online with my MIL included we are over median, but pass the test. If I run it without my MIL we fail the means test. My attorney says we pass either way, I don't get it
he is using net and I asked him about using net. Sorry to rehash for some that have read my last couple of posts.
So when we filed chapter 7 the attorney was very confident, which lead us to be somewhat lax I guess in filling out the schedules, but he raised no flags with the figures. Now that things are being scrutinized I want him to amend the schedules and remove all of the conservatism that was used, particularly with schedule J (I didn't do it like a budget long term) and the # of dependents. He does not seem to be real keen on this idea. He also doesn't recommend me filing a 13 if it is pushed to that by the UST. He indicated that was based on my situation and ability to pay and that the chance that I might miss a payment. He recommends if it goes that way to withdraw and refile later. I have stopped paying debt payments and can only imagine what a nightmare that would create.
I also recall that we wouldn't be able to re-file for 180 days and I think that would crack my family to go through the collection calls and if judgements are filed going for that long of a period of time with out paying. On top of it all my MIL (who moved in this summer and I want to include in the household, but wasn't listed) is going to be put on hospice at the house today.
If anyone has any advice again I welcome the comments.
If I run the means test online with my MIL included we are over median, but pass the test. If I run it without my MIL we fail the means test. My attorney says we pass either way, I don't get it
he is using net and I asked him about using net. Sorry to rehash for some that have read my last couple of posts.So when we filed chapter 7 the attorney was very confident, which lead us to be somewhat lax I guess in filling out the schedules, but he raised no flags with the figures. Now that things are being scrutinized I want him to amend the schedules and remove all of the conservatism that was used, particularly with schedule J (I didn't do it like a budget long term) and the # of dependents. He does not seem to be real keen on this idea. He also doesn't recommend me filing a 13 if it is pushed to that by the UST. He indicated that was based on my situation and ability to pay and that the chance that I might miss a payment. He recommends if it goes that way to withdraw and refile later. I have stopped paying debt payments and can only imagine what a nightmare that would create.
I also recall that we wouldn't be able to re-file for 180 days and I think that would crack my family to go through the collection calls and if judgements are filed going for that long of a period of time with out paying. On top of it all my MIL (who moved in this summer and I want to include in the household, but wasn't listed) is going to be put on hospice at the house today.
If anyone has any advice again I welcome the comments.