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Filing for BK but was told that I have to give up wages?

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    #1

    Filing for BK but was told that I have to give up wages?

    I'm very confused. My husband and I are thinking of filing BK, we are pulling over 600 from savings every month to pay bills. Even if we did file BK, we would be left with about 200 left a month to buy groceries. I was told that my wages would have to be given to the BK Trustee Estate in the amount of 25% of my husbands gross wages.... If the BK Estate takes that money from his paychecks we would not be able to pay the bills like gas, elect, water, mtg etc.... Is this true that my wages have to be given up? If that's the case then I don't know what to do....any advice?
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    #2
    We need more info. What state are you in? Are you filing for Chapter 7, asset or no-asset? What is your annual income, above median or below? Household size?

    Most states can exempt unpaid wages but I'm not 100% sure what you're asking.
    attorney consult and decided to file, 02/15/2010
    no-asset Chapter 7 filed, 03/11/2010
    341, 05/10/2010
    discharged, 07/13/2010

    Comment

      #3
      In Reply to "We need more info. What state are you in? Are you filing for Chapter 7, asset or no-asset? What is your annual income, above median or below? Household size?"

      Most states can exempt unpaid wages but I'm not 100% sure what you're asking.



      We Live in CA
      Yes Ch. 7
      We really have No Assets, but do own a home worth 230k, Loan Balance is 288K
      Our Ann. Inc is 60,880 and that is est. at 2k over what my husband makes per year and is his GROSS income before taxes
      we are about 4500 below Median Income
      and our household size is 3, Me, My Husband and my Son (3yrs old)

      I did a consult with an attorney but his consult was limited to 10 min and he quickly went over that we would have to turn over 15-25% of his wages to the BK Trustee.

      The problem with that is if we already cant afford the bills, but will be able to after filing BK (but only if they don't take that 15-25% for however long they fo that for)

      Thanks for your reply and I hope my answers to your questions helped in some way.

      Comment

        #4
        Originally posted by user1976 View Post
        In Reply to "We need more info. What state are you in? Are you filing for Chapter 7, asset or no-asset? What is your annual income, above median or below? Household size?"

        Most states can exempt unpaid wages but I'm not 100% sure what you're asking.



        We Live in CA
        Yes Ch. 7
        We really have No Assets, but do own a home worth 230k, Loan Balance is 288K
        Our Ann. Inc is 60,880 and that is est. at 2k over what my husband makes per year and is his GROSS income before taxes
        we are about 4500 below Median Income
        and our household size is 3, Me, My Husband and my Son (3yrs old)

        I did a consult with an attorney but his consult was limited to 10 min and he quickly went over that we would have to turn over 15-25% of his wages to the BK Trustee.

        The problem with that is if we already cant afford the bills, but will be able to after filing BK (but only if they don't take that 15-25% for however long they fo that for)

        Thanks for your reply and I hope my answers to your questions helped in some way.
        I can't believe anyone only making 60K gross, with your bills would have to pay a Trustee anything. Get yourself better legal counsel. Read all the stickies and for 17 bucks from Nolo Press, get the C7 book. It will bring it all together. I have a gut feeling there is something "shady" about the 10 minute lawyer. 'Hub
        If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

        Comment

          #5
          Originally posted by user1976 View Post
          We Live in CA
          Yes Ch. 7
          We really have No Assets, but do own a home worth 230k, Loan Balance is 288K
          Our Ann. Inc is 60,880 and that is est. at 2k over what my husband makes per year and is his GROSS income before taxes
          we are about 4500 below Median Income
          and our household size is 3, Me, My Husband and my Son (3yrs old)

          I did a consult with an attorney but his consult was limited to 10 min and he quickly went over that we would have to turn over 15-25% of his wages to the BK Trustee.

          The problem with that is if we already cant afford the bills, but will be able to after filing BK (but only if they don't take that 15-25% for however long they fo that for)
          I have no clue why an attorney would tell you that. There's info missing or he's an idiot. Was he trying to tell you to do a Chapter 13 (which is a payment plan) instead?

          Go see another attorney for a free consult and DO NOT give that guy any money. There are good ones out there. GL!
          attorney consult and decided to file, 02/15/2010
          no-asset Chapter 7 filed, 03/11/2010
          341, 05/10/2010
          discharged, 07/13/2010

          Comment

            #6
            He was a free consult attorney here in Riverside ( I suppose) it was a phone consult limited to 10 min free. No he did not tell me to do 13, I was looking at Ch 7.

            I'll check the other threads as suggested, I looked for a few hours but guess not hard enough.

            Comment

              #7
              Look on this site for a different attorney: http://www.nacba.com/
              attorney consult and decided to file, 02/15/2010
              no-asset Chapter 7 filed, 03/11/2010
              341, 05/10/2010
              discharged, 07/13/2010

              Comment

                #8
                Originally posted by user1976 View Post
                He was a free consult attorney here in Riverside ( I suppose) it was a phone consult limited to 10 min free. No he did not tell me to do 13, I was looking at Ch 7.

                I'll check the other threads as suggested, I looked for a few hours but guess not hard enough.
                Either he calculated your income incorrectly, thought you had an asset you wanted to protect (you don't have stocks or anything that can be liquidated right?) or he's an idiot.

                Listen to the other posters here. Get several opinions.
                Filed Chapter 13 02/2006 - Confirmed 05/2006 - Discharged 09/2011
                I'm not an attorney. My replies are merely suggestions or observations, not legal advice. As always, consult with an attorney before making any decisions.

                Comment

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