Hi Everyone!
I was served with a lawsuit in July of this year. In August dh went on unemployment so due to that (and being laid off over 6 months last year) we decided to file BK, but we had to wait to dilute our income. The clock has been ticking on the lawsuit and we've been getting closer every month. About 2 weeks ago I received a notice of garnishment from my employer but had no idea how soon they would get me. We filed our Ch. 7 on Monday, and when I went into work Tues. morning I had a note from my payroll administrator telling me that she received my notice of BK, and that since she cut the checks on Monday, she will reimburse me for the amount taken out for the garnishment. WE BEAT THEM!!!! I knew it was going to be close, but not THIS close!
Here's one for the little guy! 
We ended up filing "With a Presumption of Abuse" because we were $135 over the Means Test - however, we filed with Special Circumstances because my husband has been laid off for 3 months. Our Schedule J shows -$900, and our attorney believes that even though the Trustee will probably file a Motion to Dismiss, we will still be discharged because we have no means to pay back our debt (about $51,000 cc debt). He said even though we aren't the "garden variety" Ch. 7 case, we won't have to do a Ch. 13 because of our circumstances. Husband is in construction, and his work is never steady. He could go back to work, but sometimes it's only for a week, or a month, or 7 months at a time. It just depends. So even though his unemployment is not permanent, neither is his employment. (Yes, it's a difficult way to live, but what do you do?) We do know for a fact that he won't be going back until after the 1st of the year, so there's no worry about that.
Our 341 is scheduled for Dec. 13, so I'll be biting off all finger nails and drinking very cheap wine until then.
I'm glad we will have the 341 behind us before Christmas. I will soooooo be glad when this BK and this year are over. I'm looking at it this way: Our finances have slowly been getting sicker and sicker, so we finally admitted ourselves into the hospital (aka Bankruptcy Court). While we're in the hospital, it's a little scary because we don't know what will happen, but we are going to be poked and prodded and stripped naked by complete strangers who are going to help us fix this. The doctor (Judge) will give the final diagnosis and treatment, and when we come out of the hospital we are going to feel sooooooo much better, and have the illness behind us. We will be left with a few scars for a while to remind us where we've been and hopefully will never go again. Like it? I am wishing all of us happy outcomes in this mess. Think positive. It's all we can do. 
I was served with a lawsuit in July of this year. In August dh went on unemployment so due to that (and being laid off over 6 months last year) we decided to file BK, but we had to wait to dilute our income. The clock has been ticking on the lawsuit and we've been getting closer every month. About 2 weeks ago I received a notice of garnishment from my employer but had no idea how soon they would get me. We filed our Ch. 7 on Monday, and when I went into work Tues. morning I had a note from my payroll administrator telling me that she received my notice of BK, and that since she cut the checks on Monday, she will reimburse me for the amount taken out for the garnishment. WE BEAT THEM!!!! I knew it was going to be close, but not THIS close!
Here's one for the little guy! We ended up filing "With a Presumption of Abuse" because we were $135 over the Means Test - however, we filed with Special Circumstances because my husband has been laid off for 3 months. Our Schedule J shows -$900, and our attorney believes that even though the Trustee will probably file a Motion to Dismiss, we will still be discharged because we have no means to pay back our debt (about $51,000 cc debt). He said even though we aren't the "garden variety" Ch. 7 case, we won't have to do a Ch. 13 because of our circumstances. Husband is in construction, and his work is never steady. He could go back to work, but sometimes it's only for a week, or a month, or 7 months at a time. It just depends. So even though his unemployment is not permanent, neither is his employment. (Yes, it's a difficult way to live, but what do you do?) We do know for a fact that he won't be going back until after the 1st of the year, so there's no worry about that.
Our 341 is scheduled for Dec. 13, so I'll be biting off all finger nails and drinking very cheap wine until then.
I'm glad we will have the 341 behind us before Christmas. I will soooooo be glad when this BK and this year are over. I'm looking at it this way: Our finances have slowly been getting sicker and sicker, so we finally admitted ourselves into the hospital (aka Bankruptcy Court). While we're in the hospital, it's a little scary because we don't know what will happen, but we are going to be poked and prodded and stripped naked by complete strangers who are going to help us fix this. The doctor (Judge) will give the final diagnosis and treatment, and when we come out of the hospital we are going to feel sooooooo much better, and have the illness behind us. We will be left with a few scars for a while to remind us where we've been and hopefully will never go again. Like it? I am wishing all of us happy outcomes in this mess. Think positive. It's all we can do.
Report of No Distribution!! 12/14/10
Received UST Presumption of Abuse!! 12/15/10
UST states Dismissal is Inappropriate! DISHARGED!! 2/22/11
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