Where to start???

[bigred86]

I've finally reached the conclusion BK is my only option. I live paycheck to paycheck now with nothing left over, and just got a summons in the mail today on a credit card, probably will be the first of many. To explain...I haven't made a payment on the credit cards in 2 years. Cut them up even before that. I've definitely had a "ostrich and my head in the sand" mentality, but that's obviously not how things work. I have 30k in unsecured debt. I just don't know where to start? I'm married, but only been married a year, so the Hubby isn't on any of my debt. Even though we're married we still keep our finances pretty seperate. Rent, cell, gas, groceries and meds are all paid by me and in my name. The car payment is in his name, but will be paid off next month. Otherwise, insurance and line of credit for his mechanic's tools are in his name and paid by him, as well as the majority of his income going to child support. Bottom line is though, we live check to check, with barely anything in savings.

I know I'll need to contact a lawyer, although if I can do this myself, I will. I've tried to read all the stickies...just need to get some of these questions out so I can have them all in order, and help my mind calm down a little. The bankruptcy itself doesn't scare me honestly. His dad, and my mother, have both been through the process. I'm concerned about which I would need to file for. Here's my questions, thank you for your future patience with me.

On median income, where do I find a reliable figure? I've looked at multiple websites and they all have a different figure for my state, NE.

With Chapter 13, taking my approximate amount of 30k unsecured debt, and splitting that up over 60 months, that comes out to $500 a month. With even the budgeting we do now, there's no way I can squeeze that amount out of our checks just to make the 13 payment. I don't THINK we're over the median income, but if I am, how exactly do they adjust the monthly payments for a 13? That's my biggest nightmare, that somehow we're over the median and I'd file for a 13 but couldn't pull it off.

I'm sure I'll be back with more questions later, I've got a spinning head from it all, but I think I found the place to help me make sense of things. Thank you

[bigred86]

Actually, I thought of another, just need to try and word it right! In my understanding, if you're under median income, and have $100 or less left of your monthly income left after paying your expenses, you qualify for Chapter 7, correct? Tell me if I'm wrong - if I'm on the right track, next question is, rent and cell phone are in my name, but I also pay gas, groceries, meds. Are those acceptable to include as my expenses? Like I said, my husband's income goes mainly to his child support, as well as the car payment and his tools, so my checks do pay the bills. Guess I'm just wondering that if even though my checks are all eaten up by our expenses, if they consider gas, groc, so on, as admissable. Idk, hope I explained that right. Thanks again.

[LimpDisc]

Using the bankruptcy means test might be a good start for you. Your median income will be automatically calculated based on your zip code.

http://www.legalconsumer.com/bankruptcy/nolo/

[bigred86]

OK, I took the means test and I qualify for Chapter 7 or 13. While I understand I should probably do this thru a lawyer, if I decide to do this myself, what are the costs of filing myself? Besides the guidance of the forum, I'm thinking I should get the Chapter 7 book I've seen mentioned. I guess my next step in the next couple days should be to make an appointment for a consultation as well.

[Hope2File]

The consultation with an attorney (or two or three) is a good start. They will give you information on the types of documents you'll need to produce, and can answer questions. If you have anything about your situation that may not be straight-forward that is a good time to ask. They may not give you 100% of what you need, but like I said its a start.

That, and reading everything you can on this forum.

[JKPDX]

I met with my attorney wanting to go 13 because of my moral obligation to pay debt back. However, she convinced me chap 7 was better. Cut, dry and done, she said. I would suggest getting referrals for a good attorney in your area and scheduling an initial consultation. They can work some magic numbers-wise.

[DeadManCrawling]

Consult with attorneys and ask your most pressing questions.

This will give you an answer about whether to file on your own, since you will soon realize whether it is feasible or if you need expert legal help.

Every case is different, and you may well be able to file pro se. However, discovering AFTER you file, that you really should have had an attorney, could be disaster.

best,

-dmc

[bigred86]

I talked with one lawyer, and have a consulation set up next Wednesday with the office that was most helpful. They also besides being so nice, are one of the cheapest at $1300 (including filing fees), and will take half before filing, and half before discharge, which is great. I still haven't ruled out doing this pro se, but I have a couple questions on that. I didn't know if I needed to ask on that forum, but thought since my situation was explained mostly on here already, I'd ask in here.

My husband won't be filing. He has nowhere near the debt that I do, and is current on most things, not in the realm of needing to file BK. The means test though takes both our incomes into consideration, correct? How does that work, since I am the only one filing? Another thing, our car (in his name only) will be paid off this February. How will that affect our dispensable income? I'm trying to figure out if I need to do this as well ASAP, or wait until after our tax refund? I received a summons yesterday, the first credit card's CA filed - how long does it take (after the 30 days I have to respond) before my wages would start being garnished? Also, providing cell records proving that my name in on the account only aren't a problem to have, but even though my checks pay rent, I don't really have a way to prove that, since I cash my checks at the bank and pay cash. We don't even have an existing lease, we rent from my husband's relatives, and they are really casual about our lease. Do I need to have receipts drawn up by one of them, or a lease made up in my or our name, to prove our housing expenses? Utilities are included in the lease, our monthly expenses are rent, cell, car insurance, car (for the next 2 months), tool payments, and then the incidentals such as gas and groceries. Groceries we fall below the average on, but gas per month is a necessity since my husband has a commute. I am on the title for his pickup, but it BB's at $2915 for the "Good" condition, altho it's not even in good condition with rust, a bad $800 transfer case, and a transmission that recently has started slipping. I don't know if they would consider it in good condition or not? I have no assets otherwise. I went from being a 20 yr old college student living at home with a pt job and being able to make all my payments, to having to leave the house in a hurry because a lukewarm family situation went south. The abuse was so bad that when I left, I packed a bag of clothes, took my car (that was in my and my stepdad's name) and just never went home from work. I had no choice there - my stepdad was extremely controlling, tried to call my car in as stolen when I left, and a month after moving he found where I was and took the car in the middle of the night. My name is no longer on the title I'm sure, but have no way of knowing since I have a protection order against him, and I won't make contact with them. So all the posessions in our house were my husband's before I even came along. I now own basically my clothing and my dog. Yeah a bad situation to put myself into, but we have a good marriage and I have no worries on our staying together. But I'm wondering when I'm filling out personal belongings on the forms, will they look at that strangely since I really don't own them, or am I considered as their owner now as well since we did get married? I apologize for the questions, just have so much racing around my head now that I can hardly think straight. I do plan to hire a lawyer, but I'd love love to have any answers to these since I won't be talking to one til next week, and if anyone can help, I'd really really appreciate it!

[bigred86]

Uh more questions - we/I fall below the state's median income here. In the means test they actually went more on rent/utilities/vehicle payments than we actually have. So I'm in the negative on the means test, but still show that I have $100-200 dispensable income when I sit down and figure this on my own. How will that impact me? Which do they mainly follow on looking at your BK, your actual expenses and income or the allowable expenses on the means test?