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Considering Ch & Bankruptcy-Questions

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    Considering Ch & Bankruptcy-Questions

    Hi there,
    Thank you for this forum. It has been very helpful. We have about $50,000 in debt after a series of major home repairs combined with a large income loss (I own a business that made about 40,000 this year and so far only 11,000 this year.) So far we are not behind on any bills. We have had enough savings to manage, but now that has run out and we cannot pay the minumums with our current income.

    I have a few questions:

    1. I belive we will qualify for CH 7 based on the income test if they look at the last 6 months income. For a self employed person, can a profit and loss statement prove 6 months of income? if they use last year's income on my tax statement it will be too high.

    2. Is it the last 6 months from when you file? Do they look at income between your filing date and the discharge date? It looks like that takes about 4 months. If my income increases over that time, will it push us into CH 13? I started a second business that is increasing my income (but not nearly enough to pay the minimum payments)

    3. Last and most importantly, if I file for bankruptcy, how will it affect my businesses? Some of the debt is from the businesses. If that is wiped out, does that mean I have to close the businesses? That is not really an option, as one of them especailly is my only source of income.

    Thanks!

    #2
    I'll take a stab at #2 for you:

    The current monthly income (CMI) is based on the average of the 6 months income prior to filing. There is a problem with the law not defining projected monthly income on schedule J so it's up to the trustees interpretation. However, irregardless of how it is interpretted, it is a pretty good chance you will be asked at your 341 meeting (as on your paperwork) whether you anticipate a change in your income.

    Here's a discussion on the interpretation of the types of income.

    *** THIS IS NOT LEGAL ADVICE--ONLY A LAWYER CAN PROVIDE THAT. ***

    My posts represent hours of research on and off the web, these forums, my experience, and my opinions.

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      #3
      Thanks! I was afraid that might be a problem.

      Comment

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