Background-we were over the median chapter 7 filers who was fired so got through on the chapter 7 based on that. Husband got a job a week after the 341. UST did ask for pay stubs and got the first couple which weren't great. Dismissal or conversion was said to be inappropriate. Case was discharged and closed on 9/24. We signed a reaffirmation on our truck right before husband started job soon after the 341 but it wasn't filed for some reason until right before closing. I should have caught that
We have an attorney and she signed it but it did say undue hardship and she put needed for work and transportation. The payment is $196/mo. and the total owed is around $5000.
Today I get 2 letters of course after it was too late to call my attorney. One of them says that we have a hearing 11/3 for the reaffirmation and one is for the reopening of the case. I'm freaking out for 2 reasons. One, we just took out $18,000 out of our 401k to pay my parents back. Two, my husband is making enough to appear to be over the median again. Part of the problem is actually he works out of town and they are paying his per diem ($50/day) like regular income under the description "other", taxing it and so forth even though he has to use it for hotels. Either way, I'm guessing we are going to have to disclose income and possibly even do an amended means test to prove that we can afford the truck. We are moving out of our house as I type. We found a place to rent for $600/mo. as opposed to our $1300 house payment. This make the means test even worse. Can they push us into a 13 now???
Any way we can get out of this hearing? We could pay off the truck. We only owe about $5000 on it. That would probably just send off a huge red flag. Just seriously freaking out. Everything in our case was a nail biter but completely expected. This came out of nowhere for me. Please help! I'm trying to move on with my life
We have an attorney and she signed it but it did say undue hardship and she put needed for work and transportation. The payment is $196/mo. and the total owed is around $5000.Today I get 2 letters of course after it was too late to call my attorney. One of them says that we have a hearing 11/3 for the reaffirmation and one is for the reopening of the case. I'm freaking out for 2 reasons. One, we just took out $18,000 out of our 401k to pay my parents back. Two, my husband is making enough to appear to be over the median again. Part of the problem is actually he works out of town and they are paying his per diem ($50/day) like regular income under the description "other", taxing it and so forth even though he has to use it for hotels. Either way, I'm guessing we are going to have to disclose income and possibly even do an amended means test to prove that we can afford the truck. We are moving out of our house as I type. We found a place to rent for $600/mo. as opposed to our $1300 house payment. This make the means test even worse. Can they push us into a 13 now???
Any way we can get out of this hearing? We could pay off the truck. We only owe about $5000 on it. That would probably just send off a huge red flag. Just seriously freaking out. Everything in our case was a nail biter but completely expected. This came out of nowhere for me. Please help! I'm trying to move on with my life
341 on September 23
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