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Low total unsecured debt - issue? / Include very old CC debt?

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    Low total unsecured debt - issue? / Include very old CC debt?

    Hello - I am considering filing Ch 7 on my own. Does anyone have any experience or comments about a relatively low unsecured debt total? I only owe about 15000 in unsecured debt, maybe even less than that. I do have priority tax debt of about 8000, and student loan debt (also low, about 6000). I am concerned that due to my low amount of dischargeable debt, I may be under additional scrutiny to convert to a 13, even though my real DMI is nonexistent (under median income). My fear is that I have been living a cash-only lifestyle for a while and very little documentation (receipts) to support my expenses.

    And, a somewhat related question: I had some CC debt more than ten years ago that was long charged-off, doesnt show on my credit report and no collection activity in over 7 years. Do i still include that debt? I have very little supporting documentation (dont even know if i have account numbers, just name of the banks...)

    Thanks all.

    ETA: most of my unsecured debt is low-limit credit cards (highest balance is 1k) and several payday loans from 6-7 months ago (9 or 10, if i recall) , if that makes a difference.
    Last edited by debrouillant; 01-23-2011, 05:07 PM.

    #2
    I wouldn't worry about documentation of expenses in a under-the-median income case unless they are "special" expenses (like medical). The United States Trustee (UST) hardly reviews under-the-median income cases.

    Yes, you'd include every single thing that you can think of on the schedules. Even a 20 year old account. LOL
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

    Comment


      #3
      Originally posted by debrouillant View Post
      Hello - I am considering filing Ch 7 on my own. Does anyone have any experience or comments about a relatively low unsecured debt total? I only owe about 15000 in unsecured debt, maybe even less than that. I do have priority tax debt of about 8000, and student loan debt (also low, about 6000). I am concerned that due to my low amount of dischargeable debt, I may be under additional scrutiny to convert to a 13, even though my real DMI is nonexistent (under median income). My fear is that I have been living a cash-only lifestyle for a while and very little documentation (receipts) to support my expenses.

      And, a somewhat related question: I had some CC debt more than ten years ago that was long charged-off, doesnt show on my credit report and no collection activity in over 7 years. Do i still include that debt? I have very little supporting documentation (dont even know if i have account numbers, just name of the banks...)

      Thanks all.

      ETA: most of my unsecured debt is low-limit credit cards (highest balance is 1k) and several payday loans from 6-7 months ago (9 or 10, if i recall) , if that makes a difference.
      its best to include EVERYTHING
      Filed chapter 7 on 9/17 341 on 10/20
      Chapter 7 Trustee's Report of No Distribution on 10/21
      Discharged and Case Closed on 12/21/2010

      Comment


        #4
        List everything and everybody!
        All information contained in this post is for informational and amusement purposes only.
        Bankruptcy is a process, not an event.......

        Comment


          #5
          Hi debrouillant,

          If your income and expenses leave you w/ neg. DMI, Ch7 is where you should be, no conversion to Ch13 There are two places to figure DMI; the means test and Schedules I&J If both of these give you neg. DMI, you should be OK for a Ch7

          You might already know this, but if not I will be the bearer of bad news, student loans aren't discharged in a BK

          As the others have said, throw everything and the kitchen sink into the creditors matrix......

          Good luck with this,

          Tom in Colo
          Ch7 filed 5/12/2010.....341 meeting 6/30/2010....report of no distribution 8/15/2010.....discharged 10/01/2010.....closed 11/09/2010

          Comment

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