New Income Limit for Means Test - Effective 11/1/10 - Ineligible for Chapter 7

[dasmom]

Tobee,

Thanks for the good wishes.... Yes, the attorney filed the chapter 7 for me on 10/29/10.

He did tell me that he could have filed the chapter 7 later with me being over the median income limit. He said he could include the deficiency on the mortgage as an expense (or something like that), but it would "piss the trustee off".

I told him to go ahead and file before 11/1 because I did not want to take the chance that the trustee might find a reason to dismiss my chapter 7 petition. I wanted to "stay under the radar" as you put it.

It actually feels good knowing that I've filed. I got a few bills in the mail yesterday and realized that I don't have to worry about them any more.

I'm looking forward to my fresh start!

[tobee43]

Tobee,

Thanks for the good wishes.... Yes, the attorney filed the chapter 7 for me on 10/29/10.

He did tell me that he could have filed the chapter 7 later with me being over the median income limit. He said he could include the deficiency on the mortgage as an expense (or something like that), but it would "piss the trustee off".

I told him to go ahead and file before 11/1 because I did not want to take the chance that the trustee might find a reason to dismiss my chapter 7 petition. I wanted to "stay under the radar" as you put it.

It actually feels good knowing that I've filed. I got a few bills in the mail yesterday and realized that I don't have to worry about them any more.

I'm looking forward to my fresh start!

dasmom! that's GREAT that you filed before the 11/1 changes take effect as well!! i'm certain it's a big relief, it certainly was for us.

yes, you can now take those bills and tuck them until you feel like burning them.. ..yes, that's a good strategy about listing the deficiency ...it really sounds like you have an atty that's working FOR you...not just going through the motions.

you'll have to make sure to keep in touch on the board so we can see how it's progressing!!

[LadyInTheRed]

some people get their jollies being vague and making statement that are out of context...i.e. looking back on what cc charges you made etc. as well, the means test usually has a 6 months indication of what your salary was etc.

Don't presume that you know how I get my jollies. I don't come to this board for jollies!

I said nothing about cc charges and did not make any statement out of context. I was simply being thorough. If I had stopped at saying that passing the means test means you can file a Chap 7, I would not have told the complete story. I wanted to make it clear that even if you pass the means test, a trustee could still object to your Chapter 7. Not only do I not know Platter's full picture, but I keep in mind that my posts will be read by others trying to figure out their own BK issues.

You didn't like a recent post of mine and you made that clear in that thread. You questioning my motives in this post is a personal attack and is against forum rules. Please stop!

My apologies to other posters. Maybe I should just let the comment go. But I felt the need to defend myself! This forum has helped me a lot and my only motive in answering the questions of others is to give something back.

[hanna1981]

You can add 10-50 dollars to each expense. The trustee is not going to ask for an expense receipt for each monthly item, if it looks reasonable they won't ask you. Your meeting with the trustee will probably last less than 5 minutes. If they inquire about your expenses, just tell them the truth you over estimated each month since u will have some unexpected bills or anticipated bills. For your food for example, if you estimated $150 put $250, they are not going to check your refrigerator. The court knows u will probably miss some expenses and you will have some unexpected expenses since most people are in pretty bad shape by the time they get close to bankruptcy. The court is more concerned about your assets and your monthly expenses are probably tiny compared to the amount of debt u have. I lost my job and had qualified for a chapter 7 since i didn't have an income and didn't even bother listing half my living expenses. So they know people like me under report our expenses. Call some lawyers, most will give you a free consultation. Let them know you are close to the means tests.

[debee]

LadyinRed - What you said in this thread reminded me of some advice I was given here on this same topic:

The means test doesn't get you the chapter 7, it just gets you in the club. There's still the hurdle of schedules I and J.

A lot of people will appreciate the trouble you take to help others. So on their behalf, thanks!

(I'm butchering the quote, so my apologies to its author).

[LadyInTheRed]

LadyinRed - What you said in this thread reminded me of some advice I was given here on this same topic:

The means test doesn't get you the chapter 7, it just gets you in the club. There's still the hurdle of schedules I and J.

Exactly. That's an excellent, succinct way to put it.

A lot of people will appreciate the trouble you take to help others. So on their behalf, thanks!

Thank you for saying that.

[tobee43]

You can add 10-50 dollars to each expense. The trustee is not going to ask for an expense receipt for each monthly item, if it looks reasonable they won't ask you. Your meeting with the trustee will probably last less than 5 minutes. If they inquire about your expenses, just tell them the truth you over estimated each month since u will have some unexpected bills or anticipated bills. For your food for example, if you estimated $150 put $250, they are not going to check your refrigerator. The court knows u will probably miss some expenses and you will have some unexpected expenses since most people are in pretty bad shape by the time they get close to bankruptcy. The court is more concerned about your assets and your monthly expenses are probably tiny compared to the amount of debt u have. I lost my job and had qualified for a chapter 7 since i didn't have an income and didn't even bother listing half my living expenses. So they know people like me under report our expenses. Call some lawyers, most will give you a free consultation. Let them know you are close to the means tests.

that is excellent advise...if you are close with your numbers...there are many times amounts we just leave out not really breaking them down on a monthly basis.

we had $400 for monthly household maintence, that is and was absolutely acceptable...(if you water heater goes...your oil tank, roof..etc).

the key really is and i have posted it many times...it's in the expenses. you do not what to cut off our nose despite you face.

dasmom, really, you will do fine. and once again, if you have a good atty, they will warn you if there is a possiblity that you case will turn into an asset case. there should be no surprises!

best of luck to you! and make sure you post so we can see how your processing!