Minnesota Filing

[Jamescott]

Hello to all.

First off, I have read many posts and gained valuable insight into the process I'm about to enter. Thank you to those who have taken the time to share stories, help out, and provide support. With that in mind, I wanted to post some questions related to my specific situation. The feedback I receive will go a long way towards calming my nerves. I'm not necessarily scared because I'm filing, rather the fear of the unknown.

Here are some basics:

-Married, filing single
-Chapter 7
-I was laid off in November of 2009 so I'm only earning UI benefits. I had a severence, but I'm still well below for a family of five.
-I rent, do not own any vehicles, have relatively no cash, no savings, no stock, no pensions, etc.
-I have about $25k in unsecured debt, owe $12k on my car (blue booked at $8-$10k).
-The elephant in the room is a $97k promissory note from the short sale of a home back in 2007.
-All of my debts are currently paid in full.
-I have not been able to find a job and I'm at the end of my rope. I've already negotiated all my debts down to zero percent, the promissory note holder will not work with me any further. I'm basically trying to avoid being sued for this particular debt.

After fighting my ego and foolish pride, I decided to file and hopefully move forward. I am presenting my paperwork to the attorney tomorrow. I believe I have all the information required. Here are some of my questions/concerns:

1. I had to borrow the filing fee and attorney expense of $1500 from my parents. A wire was over $145 so they simply sent me a check. Unfortunately, the bank wouldn't cash the check without holding it. I had to deposit it into my account. Is this going to cause a problem?

2. My attorney is only asking for current bank and credit card statements. Does the Trustee ask for updated statements at the 341? Or does it vary? Also, I do not receive paper statements for my accounts. I print everything online. Does this matter?

3. My wife receives child support. The attorney's assistant did not know if I have to claim this in regard to income. I don't believe it will push me over the means test, however, I'd prefer to keep things as simple as possible. However, do I need to account for this?

4. How are utility bills affected? I presume I continue to pay as usual? Same with my student loan and car, both of which I intend to reaffirm?

Again, I know the attorney will answer most of this stuff tomorrow. However, I feel better knowing in advance so I can mentally prepare myself.

My most sincere thanks to anyone who cares to respond.

[keepinitreal]

Since your payments are current and you haven't been sued yet for the promissory note, your check should be safe deposited into your account.

Your wife's income is counted in the calculations that are done for household income. I believe her child support is counted too. But then the amounts she doesn't spend on the household are backed out of the total.

Continue to pay your utility bills, student loans and car payment. If you have other debt that's unsecured, you probably should no longer pay them, or borrow from them any more.

Sorry about you getting laid off. Good luck!

[Jamescott]

I appreciate your input! I am concerned with questions that may arise due to the sudden appearence of $1500 into my account. I presume I can explain it to the Trustee as money for my filing. I listed this within the section that asked for information on money owed to family.

I guess this also leads to the one question you didn't reply about. The attorney only asked for my most recent statement, which was end of Feb. This deposit would be on my March statement. Will the Trustee ask for updated statements or do they go by whatever the attorney provides to them? Obviously the deposit in March won't have a bearing if that particular statement doesn't need to be reviewed.

[suneray]

I don't think the $1500 dollars will cause an issue as long as you listed it as a debt. I also think it depends on the individual trustee on whether they will ask for more paperwork. But I would double check with your attorney tomorrow.

I am in Minnesota too! I am still interviewing attorneys and looking for recommendations. I'd love to know who you are going through if you want to recommend him or her. If so, feel free to PM me, but I understand if you'd rather not.

Good luck tomorrow!

[Jamescott]

Sorry for the delay in posting. Here is the latest:

The attorney is filing my bankruptcy today. I was told to expect a letter by the end of the week. Also, that the notices should be distributed to my creditors soon. My parents are listed as a creditor so I will know when the notices begin to arrive. They expect my 341 to be around April 20 or so.

I feel somewhat relieved and I'm going to make a concerted effort to not stress. My case is fairly basic and the attorney feels like I shouldn't have a problem. My biggest concern is regarding the means test and my unemployment benefit. I'm like $145 dollars over when my unemployment is factored in. The attorney listed it separately from income on the social security line. He seemed 100% confident there would not be a problem.

I understand this issue varies state to state. I'm curious if anyone in Minnesota has any knowledge on this issue? Has anyone filed and not included their unemployment in the means test?

I guess my other question is what happens if the Trustee demands it's included? Will they force me into a 13? Or can I withdraw and file again in April? There won't be a problem in April. I kind of feel like I should have waited but, again, my lawyer seemed completely sure of himself.

[neorecon]

When we filed (In MN) our unemployment was not used on the Means test but WAS used on the schedules.

[Jamescott]

When we filed (In MN) our unemployment was not used on the Means test but WAS used on the schedules.

Thank you for replying.

When referring to the schedules, do you mean on the line that referenced social security benefits? I believe this is where my attorney entered my total benefits.