Pre-filing Pacer check

[frobscottle]

I would like to get a Pacer acct. and check some cases to get a handle on what is accepted in my area on schedule I and J before I file. My income is about $1,600.00/mo. under the local median (Arkansas) but I'm a serious worry-wart. Getting the Pacer acct is straightforward enough and I have read the cautions about Pacer billing. Can anyone offer any suggestions of how to find cases without a name, case number etc, and what cases I should check ( I guess discharged ones are the most complete) ? Any help is appreciated. If I find my expenses are run of the mill I will feel a lot less nervous filing pro se.

[HHM]

If you only make $1600 per month, you have no need to worry about schedules I and J. Don't bother looking on PACER for that. Just calculate what you actually spend on the items.

Keep in mind, the BK law does NOT require you to be destitute to file BK.

[frobscottle]

HHM, thanks for your reply. Actually, my income is about $1,200/mo from unemployment. Here's my apprehension: I know I'm poor and live, or try to, accordingly. I repair my old vw and do lots of other service stuff that others might pay for. To a Trustee isn't a hundred bucks left over a hundred bucks left over, regardless of whether one's income is $1,200/mo or $6,200/mo. ? It seems one can actually be punished in this process for trying to live within one's means. Will a Trustee regard a paucity of income as regards what's "disposable". I have $25 "left over" every week that I'm too frightened to spend until I have the next check in my yet living hand. If I have a flat tire, change it myself, drive to the local garage and have it repaired, I'm out twenty bucks. It seems that the government thinks that the $20 of scared money should be given to Chase Manhattan or Bank of America. Please understand that I live in a state that imposes an income tax on people living below the poverty level

[lrprn]

To a Trustee isn't a hundred bucks left over a hundred bucks left over, regardless of whether one's income is $1,200/mo or $6,200/mo. ?

Thankfully bankruptcy doesn't work that way. Since you are making $1600/month, that's less than $20,000/year. That is FAR below the median income for your state. You will qualify for Ch 7 - no problem.

Don't allow the scare tactics the big lenders and credit card companies put out frighten you away from filing. People who make a lot more money and have more assets than you do file Ch 7 every day without a problem.

[frobscottle]

Thank you. I knew I was way under the radar on the means test but was afraid of being pushed in to a ch 13 based on Schedule J expenses. Thanks again.

[FreshLikeADaisy]

Regarding PACER, what I did was to google "bankruptcy notice publish jacksonville fl" or something like that, which then led me to the local rag that publishes bankruptcy case notices. I also looked online to see which local attorneys were writing articles, hosting or participating in blogs, trying challenging cases, etc so that I could be sure that the cases I pulled were filed by competent attorneys. I then looked through the bk notices and when I saw one filed by my chosen atty, I looked it up by case # in pacer and saved the pdf's as examples. Later I found out that PACER is free at my courthouse, but in the meantime that little system served me VERY well. Good luck!

[lrprn]

Thank you. I knew I was way under the radar on the means test but was afraid of being pushed in to a ch 13 based on Schedule J expenses. Thanks again.

You have to have at least $160/month consistently in disposable income AND be able to pay your creditors at least as much as they would get in Ch 7. I doubt if that's going to be possible on $20,000/year.

Go set up appointments with a few bankruptcy lawyers in your area - most give free or low-cost initial consultations. That way you will have a much better idea about which chapter you actually qualify for and if there are any issues in your case that could cause problems.

Keep posting questions - we'll help you sort things out if we can. Good luck!