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    Questions for those with more experience

    Ok, I think I have a decent understanding of everything now but have some questions. We are about to file and want to figure out a couple more things first. Just don't want to get caught offguard or make any mistakes that could cost us the difference between a chapter 7 or 13 or none.

    -Although we qualify for chapter 7 via the means test will the fact that our house payment is $1000 more than the standard allowed mortgage/rent cause any problems with being able to keep our house? We are about $30,000 a year over the median income but still qualify using the means test for Chapter 7 and this is using the allowed mortgage/rent amount not our actual mortgage amount. This house is our dream house and although it would be tight we can just afford it once we get rid of our credit card debt.
    -Have we waited long enough? It's been over a year since our last major credit card transaction. We bought a foreclosure and used credit card cash advances to fix the place up. We had about $40,000 in credit card debt before we bought the house and have about $90,000 now. Please don't give us a hard time we know we got carried away but what's done is done. We charged up 2 store credit cards buying materials and supplies to fix up the house at total of about $15,000 the other $35000 or so was in cash advances. There was also one balance transfer that we did to move about $10.000 from one card to a new card trying to keep expenses down. We then recharged up the old card which was factored in above.
    -Was "not using" our bank accounts a good or bad thing? Right around a year ago I was worried we wouldn't be able to pay some of our debts and was worried about anyone pulling money out of our accounts so we stopped direct deposit and stopped using our bank accounts. I cash all of our checks but never deposit any. We've somehow managed to scrape by for the past year without any late payments but we are out of money now. Most of the accounts are still open, just not used. I did occasionally put a few bucks in the accounts to cover monthly fees and the occasional check but that's it.
    -Could timing our filing based on past 6 months income backfire in anyway? I am employed full time and have a side business with varying income. Some months are nothing and some months are good. We are trying to time our filing to have the least amount of income in the past 6 months which should be about now.
    -I will be making some more money next month from my business, will that hurt us? As part of my normal part time business I will be getting a lump some of money next month. My business is made up of about 6-8 checks a year totaling about 30-40k. How will that affect our bankruptcy?

    That's what I can think of for now. Thanks in advance for your help!

    #2
    I have 3 points to make...

    1. It looks like you never intended to pay for those debts in the first place.
    If TT looks at it, this will be quite apparent, as you planned for this day almost too well.

    2. However, since you did plan for this so well and waited so long, the above may never come up, and you're off the hook.

    3. You can easily settle for as little as 40% (and probably for less) and it seems that you can afford to pay the reduced amount.
    So why not just do so instead of jumping through all the hoops, having 10 year BK record and taking the risk (as small as it may be)?

    Comment


      #3
      Originally posted by tightrope View Post
      I have 3 points to make...

      1. It looks like you never intended to pay for those debts in the first place.
      If TT looks at it, this will be quite apparent, as you planned for this day almost too well.

      2. However, since you did plan for this so well and waited so long, the above may never come up, and you're off the hook.

      3. You can easily settle for as little as 40% (and probably for less) and it seems that you can afford to pay the reduced amount.
      So why not just do so instead of jumping through all the hoops, having 10 year BK record and taking the risk (as small as it may be)?
      Thanks for the response. I certainly never planned for this but I will say I've been reading this site since October trying to figure out what to do. That was when it really became clear to us that we could not afford to keep paying our debts. I wish I wouldn't have stopped using our banks accounts now but I guess I was kind of looking into the future with a hope that things could still work out. I haven't closed them yet but maybe I should, if it even matters at this point. I haven't talked to an attorney yet either but have an appointment on Thursday with one. My two biggest stresses would be not being able to do a 7 because we just can't afford a 13 and I'm worried that once we are unable to make anymore payments that I will get calls at work that could put my job in jeopardy. That's why I was thinking of filing really soon because we will start to miss payments soon and then the calls will start. If I could go back in time I would have still bought the house but would have limited the repairs to necessities and not wants. I never thought I would get myself into a situation like this but since I am I will keep researching and do my best to get out of this in the best shape possible. I appreciate all the support on this site.

      Comment


        #4
        Most of the stuff I wouldn't worry about but the 30K over median could be a real problem. The trustee might take a really hard look at your claimed expenses, as will your lawyer. Just because you qualify on paper for a 7 doesn't mean the trustee has to accept you expenses.

        I wouldn't be at all surprised if you got converted to a 13, but every case is different.
        So the poor debtor, seeing naught around him
        Yet feels the narrow limits that impound him
        Grieves at his debt and studies to evade it
        And finds at last he might as well have paid it.

        Comment


          #5
          Originally posted by Dst1 View Post
          Most of the stuff I wouldn't worry about but the 30K over median could be a real problem. The trustee might take a really hard look at your claimed expenses, as will your lawyer. Just because you qualify on paper for a 7 doesn't mean the trustee has to accept you expenses.

          I wouldn't be at all surprised if you got converted to a 13, but every case is different.
          I didn't adjust any of my expenses in the means test. Just used the standardized ones on legalconsumer.com means test. If I'm understanding correctly those should be accepted without proof, right? I know it sounds crazy but using the means test with standardized expenses we qualify for a 7. I will say that self employment taxes are high and I have kids so that seemed to help but I do feel everything is quite accurate compared to reality of what we can afford monthly. We've been over and over the numbers and if we get rid of our credit card debt we should average pretty darn close to break even every month.

          Comment


            #6
            Originally posted by Will View Post
            If I'm understanding correctly those should be accepted without proof, right?
            No.

            When you are 30K over the medium filing for chapter seven the odds are that the trustee will at least take a closer look at your filing. Again, this doesn't mean that you can't successfully file a 7, just that you better be prepared to justify it.

            Talk with your lawyer.
            So the poor debtor, seeing naught around him
            Yet feels the narrow limits that impound him
            Grieves at his debt and studies to evade it
            And finds at last he might as well have paid it.

            Comment


              #7
              Being 30k over the median, and having a house payment that is $1,000 over the irs standard will probably red flag your petition for the US Trustee to at least take a look at. The US trustee will most likely try to convert you to a 13.

              Since you waited a year to file, you will most likely not be subject to AP's but for some of those large cash advances, the creditors may try anyway. I don't think they will win though since you waited a year to file.
              You can't take a picture of this. It's already gone. ~~Nate, Six Feet Under

              Comment

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