Chaper VII Filing

[Kaminoyousha]

Hello, Everyone!

I have a question concerning the Chapter VII BK. I know that there is a means test we must pass. I would like see where we stand...


I am not working due to injuries that I sustained from years ago. I was working off and on until June 3, 2014.

My DH has been working at the same job for about 19 years. However, his income leaves a lot to be desired. Hopefully, we'll get that taken care of. I'm looking for a job or (if I have to) I'll start my own business.

OKAY...here's is the rundown of our income and expenses...




INCOME:

DH's Gross Income: $2,900 monthly

Total Deductions (including Child Support): $917 monthly

Total Net Income: $1,983 monthly






EXPENSES:

Rent: $750 (I wish we could move to a cheaper place)

Electricity: $190 (it USED to be under $100...don't know what happened. Before we moved to these apartments, our bill was ALWAYS below $100.)

Water/Trash/Pest Control: $50 avg.

Internet: $58 (we use CLEAR and it sucks!)

Cell Phones: $154 (MetroPCS for 3 lines. One for me...one for DH and one for my stepson...who also has an Obama Phone, courtesy of his Mommy Dearest)

Food: $200 (if that much)

Car Note: $315 (2011 Hyundai Sonata GLS that we surrendered on 3/18/15 because we were two months behind on payments)

Insurance: $211 (full coverage for the Sonata...liability and UM/UIM for the 2002 Chevrolet Cavalier that's paid for...and $20 for Renters' Insurance)

Gas: $120

Entertainment: $8 (Netflix)

*I have $46K in student loans, but they're in deferment for now.





ASSETS:

PC................$300

Inkjet MFC Printer/Scanner/Copier/Fax...........$50 (I bought it from an online auction-not eBay-for $5)

Viola with Bow and Case......................$200 (I paid $50 for it on eBay)

China Plates............................$100 (bought them from The Salvation Army Thrift Store)

Clothes & Shoes (DH's & mine)...........................$300 (DH is a clothes minimalist and all of my clothes were hand-me-downs from my mother's colleague)

Scottrade Account........................................... .$177 at last check (it's my account before we were married)

Wells Fargo Checking Acct. .................................$12 (joint)

Wells Fargo Savings Account.........................................$0 (joint)

Inwood National Bank Checking Account.....................$4.80 (my account before we married)

PayPal Accounts (both of us).......................................$0 (we linked our prepaid debit cards to PP to buy things on eBay)

Microwave Oven.............................................. ..$25 (Christmas gift to us from my brother)

Coffeemaker (leaks water).....................................$15

Cookware.......................................... ...............$10 (my mother gave her old ones to us)

Bakeware & Cutlery........................................... ...$10 (my mother gave us her old bakeware and we bought our cutlery)

Love Seat.............................................. ...........$50 (given as a gift by my other brother & his wife)

Computer Desk & Chair..........................................$10 (also hand-me-downs from my parents)

Handbags.......................................... .................$100 (bought them on eBay....one Tommy Hilfiger and one D&B)

Dresser........................................... ..........$150 (belonged to my late son)

Nightstands (2)............................................$50 (given by my parents before I got married and the top drawer is missing in one of them)

King Mattress & Box Sprigs................................$250 (buying it via RAC Acceptance/Conn's....it was infested with bedbugs (NOT BECAUSE OF US!) and they refused to take it with them after we called and told them to pick it up. We haven't heard from them since that time and that was back from September 2014)

Two working flat panel TVs................................$200 (DH brought them home from his job)

Three NON-WORKING TVs...................................$200 total (again, he brought them home from work, can't get them to work properly, can't sell them...so we're stuck with them)

Fidelity Account........................................... .......$0 (never put anything in it yet)

Books............................................. .................$20 for all of them (mine)

Linens and Bedding........................................... ..$30 (given by my parents)

Hygiene Products.......................................... $30 (AVON courtesy of my mother and the things we buy from Family Dollar and Dollar Tree)

Floor Lamp.............................................. .....$5 (paid $30 for it, but the switch is stripped)

Cell Phones............................................ ......$400 total (Mine: Galaxy Mega....DH: ZTE ZMAX................SS: Glaxay S-III and non-working S-II and non-working Exhibit II....AND the Galaxy S-III that my husband bought that is not working).





Questions:

How do we put down the CS DH pays? Do we have to list it even though he's current (NEVER LATE) and it's being deducted from his wages? If so, what schedule do we use for that?

I can't remember the account number of half the bills we owe. I got the ones from the CRA's. The other ones, that are NOT being reported, I do not know the account numbers. How do we handle that one?

How far back do we go as far as listing our debts? Seven years? Ten years? As far back as we can remember?

Do we list our current landlord? I listed the landlord that I owe back rent to. If we list our current landlord and we're NOT behind, do we have to move or can we stay?

We used our 2014 tax refund to buy the 2002 Chevy Cavalier and to catch up on household bills (and buy some food). Do we have to come up with money to pay the Trustee the amount of the tax refund ($4,600)? On what schedule do we list the tax refund we received, but spent?



I do apologize for the length of this post. I'm just trying to get my ducks in the proverbial row. BTW, I have another consultation with a BK atty this morning. This would be my 3rd one.


THANKS IN ADVANCE!

[LadyInTheRed]

I know that there is a means test we must pass. I would like see where we stand...

Do you know whether your household income is above median? Do you understand how that effects the means test?

I think you are overvaluing some of your assets. Just some examples:

PC................$300!

Are you sure it is worth that much?

Inkjet MFC Printer/Scanner/Copier/Fax...........$50 (I bought it from an online auction-not eBay-for $5)

What makes you think it is worth $50? Used electronics really aren't worth much.

Viola with Bow and Case......................$200 (I paid $50 for it on eBay)

Did you have work done to it to increase the value or had it appraised?

Coffeemaker (leaks water).....................................$15

Why would anyone pay $15 for a coffeemaker that leaks?

Three NON-WORKING TVs...................................$200 total (again, he brought them home from work, can't get them to work properly, can't sell them...so we're stuck with them)

So, why do you think they are with anything at all?

Cell Phones............................................ ......$400 total (Mine: Galaxy Mega....DH: ZTE ZMAX................SS: Glaxay S-III and non-working S-II and non-working Exhibit II....AND the Galaxy S-III that my husband bought that is not working).

I wouldn't assign a value to any non-working electronics.

How do we put down the CS DH pays? Do we have to list it even though he's current (NEVER LATE) and it's being deducted from his wages? If so, what schedule do we use for that?

I at least partially answered that in another thread. You need to read every schedule carefully. If the answer to a question would include the CS that isn't in arrears, then list it. If you aren't sure if you should include it as a response to a specific, post a specific question with reference to the form and item number.

I can't remember the account number of half the bills we owe. I got the ones from the CRA's. The other ones, that are NOT being reported, I do not know the account numbers. How do we handle that one?

Insert "account number unknown". The creditor will figure out who you are.

How far back do we go as far as listing our debts? Seven years? Ten years? As far back as we can remember?

List all debts that you still owe, regardless of how old they are.

Do we list our current landlord? I listed the landlord that I owe back rent to. If we list our current landlord and we're NOT behind, do we have to move or can we stay?

Read the schedules (and responses to your questions in previous posts).

We used our 2014 tax refund to buy the 2002 Chevy Cavalier and to catch up on household bills (and buy some food). Do we have to come up with money to pay the Trustee the amount of the tax refund ($4,600)? On what schedule do we list the tax refund we received, but spent?

Is there a specific schedule where you think it may belong? It may be that you should

I don't mean to be unhelpful. But, if you can't figure out the answers to some of your questions, then you should not be filing pro-se.

[keepsmiling]

At under 36K I can't imagine you have to worry too much about passing the means test. Median for two people is over 57K
Probably better to take a job after you file for Bk, although you would still have some leeway.
Hope you aren't still paying insurance on the car you surrendered, if they have come to take it that is.
Agree with LITR that you have overvalued your assets. Most of us do ...... please tell me you got rid of the infested mattress.....

As for your electric bill--- do you have electric heat in the new place? That would explain the increase. If not, could be a mistake and worth investigating.
Good luck, keep asking q's, and welcome to the forum!

[Kaminoyousha]

At under 36K I can't imagine you have to worry too much about passing the means test. Median for two people is over 57K
Probably better to take a job after you file for Bk, although you would still have some leeway.
Hope you aren't still paying insurance on the car you surrendered, if they have come to take it that is.
Agree with LITR that you have overvalued your assets. Most of us do ...... please tell me you got rid of the infested mattress.....

As for your electric bill--- do you have electric heat in the new place? That would explain the increase. If not, could be a mistake and worth investigating.
Good luck, keep asking q's, and welcome to the forum!

Thank you ever so much! We're meeting with another BK atty Thursday morning. Yes, we did get rid of that mattress and box springs! Thanks for the heads up...and for your kind welcome!

[Kaminoyousha]

Do you know whether your household income is above median? Do you understand how that effects the means test?

I think you are overvaluing some of your assets. Just some examples:

Are you sure it is worth that much?



What makes you think it is worth $50? Used electronics really aren't worth much.

Did you have work done to it to increase the value or had it appraised?

Why would anyone pay $15 for a coffeemaker that leaks?

So, why do you think they are with anything at all?


I wouldn't assign a value to any non-working electronics.

I at least partially answered that in another thread. You need to read every schedule carefully. If the answer to a question would include the CS that isn't in arrears, then list it. If you aren't sure if you should include it as a response to a specific, post a specific question with reference to the form and item number.

Insert "account number unknown". The creditor will figure out who you are.

List all debts that you still owe, regardless of how old they are.

Read the schedules (and responses to your questions in previous posts).

Is there a specific schedule where you think it may belong? It may be that you should

I don't mean to be unhelpful. But, if you can't figure out the answers to some of your questions, then you should not be filing pro-se.

Thanks for the help you did give.