Please help!!! Newbie with questions.

[oc714]

I'm over the median thinking of filing this month. One of many questions in I paid my niece 1K on 2/10 she loaned it to me for my father's funeral cost. If I file now in March will that still be in the 1 year look back? or should I wait until 4/11 to file?

Also, I went back from 9/10-2/11 to figure out the income but not sure if I did this correct please let me know your thoughts. My husband works a lot of OT and receives Pride money when he works extra hard, so what I did was calculate all OT and Pride money in the last 6 months and divide by 6 to get and average a month. There is 2 months where he made less that $100.00 but the other 4 months he has $700.00. I know I under withhold on pay checks to get a refund so that might be a problem.

We are a family of 5 in CA. Over the Median by about 4K.

[oc714]

Please anyone have any thoughts?

I've been ont his forum for the last few months and have been very informed. I finally decided to consult with an attorney and spoke to him over the phone. He really thinks we will be fine with filling Chapter 7 since our mortgage on first and 2nd is $3,050. Our gross based on the 6 month look back is $90k. We will meet him face to face today. So nervous!

[newbie2]

I'm sure you have receipts for funeral expenses, so I wouldn't worry at all about that $1000 a year ago. First, time is your friend. 2nd, show the receipts. It would be a cold hearted trustee who would want that $1000 back.

As far as your expenses / income, it sounds like the attorney you spoke with is on the right track. You can be over the median in income and have enough expenses to qualify for a Chapter 7.

Good luck to you.

[oc714]

I'm sure you have receipts for funeral expenses, so I wouldn't worry at all about that $1000 a year ago. First, time is your friend. 2nd, show the receipts. It would be a cold hearted trustee who would want that $1000 back.

As far as your expenses / income, it sounds like the attorney you spoke with is on the right track. You can be over the median in income and have enough expenses to qualify for a Chapter 7.

Good luck to you.

Thanks Newbie2! I'm sure I can ask my mother for the receipts since we had to pay 12K for the reeipts in between 5 siblings.