Oh, no! Not AGAIN???

[Dee]

[Nicollette]

The only thing I can answer is there has to be 8 yrs between the two filing dates of Ch 7s.

[Beeheery]

Dee, I have no answers to any of the questions you posted but I just wanted to say that I am SO SORRY that all this has happened to you. That really sucks! And I thought I was having the worst year ever. You win.

[kartoons19]

Dee, so sorry to hear about your situation. I don't know if I have an answer, but I can tell you that at my 341 today, there were several people who had previously had a bk ch7 and were now filing another one. The only question the trustee asked is when was the previous bk, what state did they file and were all credits discharged? One had student loan debt and so the trustee asked if he still had that debt, which he didn't. Good luck to you.

[tcreegan]

hard luck

Hello Dee, oh boy, Texas was hard on you guys....hopefully Florida will be a little easier.....

I make $6250/mo before taxes, insurance, etc. so we are WAY over median income (family of 3) Have you considered a Ch 13? Might be a good idea to plan for one in case your Ch7 gets converted

We rent an apartment for $1,500/mo, which is several hundred more than allowed on the Means Test. Will this be a problem? Will the UST make us move? Highly doubtful you will have to move. Might not be able to claim rent expense over allowed amount on means test but worth running it past an attorney, especially if you needed the full rent to get to the +80 DMI you mentioned

Also, our son goes to a private school, but we do not pay for it. Our parents have always paid for his school, but they pay the school directly and we never see the money. Will the UST make us claim the tuition as income or make our son change schools? If you claimed this as an expense it could well be considered income. Better run this past an attorney



Texas lumps motor vehicles into your 60K personal property exemption along with your 2 horses, mules, or donkeys; 12 head of cattle; 60 head of other lifestock; and 120 fowl. They might discriminate against unicycles, but 2, 3, or 4 wheels are treated the same. One vehicle per person, although it is a little grey about an unlicensed kid. So you can keep all three as long as they fit in your 60K personal property exemption. (mention that twice just so the rest of the country can be jealous)

That is, assuming we could even get a loan considering our credit is trashed. Check around the forum, some folks had no problem getting a post-BK auto loan It varies lender to lender. A car loan to someone just out of BK makes sense for the lender: most loans are 5yrs and no BK for 8 yrs. And your debt to income ratio looks great.

But will our prior Chapter 7 make it harder for us to get another Chapter 7? didn't for us, we even had the same trustee....

Good luck with all the BK stuff, hope you are enjoying Florida !

Tom in Colo

[Dee]

Thanks for the replies!

I know I'm probably stressing out way too much over this, but I just don't seem to be able to stop myself. I was stuck in the hospital for 4 days a couple of weeks ago because they thought I was having a heart attack. That's when we knew something had to be done.

I didn't use the full amount of our rent on the means test, just the amount allowed for our county. And I also did not count our son's school tuition as an expense, so hopefully we'll be okay on that.

Good to know about the cars - no cattle or horses (I know, shameful for a Native Texan), but we have 3 dogs that my husband would gladly turn over, except their vet bills are so ridiculous that no one would want them.

I appreciate the kind words from everyone. Hopefully we will have a good discussion with the attorney this afternoon.

[angles]

Texas lumps motor vehicles into your 60K personal property exemption along with your 2 horses, mules, or donkeys; 12 head of cattle; 60 head of other lifestock; and 120 fowl. They might discriminate against unicycles, but 2, 3, or 4 wheels are treated the same. One vehicle per person, although it is a little grey about an unlicensed kid. So you can keep all three as long as they fit in your 60K personal property exemption. (mention that twice just so the rest of the country can be jealous)

Ah yes, I am very jealous. When it all started for us I was really hoping we could file in TX until I quickly found out that we had to file in the state we lived in. Crap.

[SMinGA]

I doubt the previous filing will have much of an impact, if any. You've mentioned means test results - but what about your dmi based on net income and actual expenses? (Including your actual rent.) If there is excessive DMI now, while there is still UE income, the answer might be to just wait 2 months until it runs out.

The private tuition, since you do not pay it, should not be a factor. Your parents have a right to use their money as they see fit.

I see the $780/mo car payment as perhaps being your biggest obstacle. It may not matter in the least, but worst case scenario is you could probably put together a ch. 13 plan to pay off the car (no longer make car payments directly) and pay part of your atty fees for less than that car payment. With very little going to general unsecured debt.