If it would not be bad luck we would not have any..........

[pamkev]

Talked to lawyer today and I'm so upset and don't know what to do all along she was saying Chapter 7 no asset now after going over everything we might have to do a 13 she says. We have already paid her in full before she told us. Stupid mistake on our part. She did say maybe we should see file in Aug 1 or if we can hold off till Sept 1 it could be better The reason being hubby had overtime in Jan&Feb and hasn't had any since so that will drop off in the 6 month look back. I'm so upset right now I don't know what to do. I thought we were prepared and now this. Thank you for letting me vent

Pam

[justbroke]

Sorry to read of your disappointment. Not that it will alleviate your disgust, but many have come before you and when it came down to the details -- especially with "overtime" pay -- they discovered that they were a little over the maximum allowed "disposable" monthly income (DMI). If it falls off and it is not common for overtime, the attorney is correct that a little distancing would be good. If you could hold another month, then certainly that would work in your favor.

You could always claim "special" circumstances, but that's too much work and too much of a gamble. Just see if you can hold out another month and, if so, you would have a less painful experience. Just sit down and talk it over with your spouse.

[pamkev]

Thanks just broke we are going to wait it out till Aug 1st she said we were 29.00 a month to much. We don't have a car payment so that goes against us and we don't want one and don't know if we can really afford one. So we shall see Pam

[AngelinaCat]

Hi pamkev. This thread is fine where it is. I deleted the other one so we wouldn't have two duplicate threads going.

[basketsbears]

Hi,

I know your frustration. We thought we would be ready to file last Dec/Jan and had to wait until end of June 2012. My husband had an educational stipend that has stopped so we waited. She had my husband sign an affidavit that the income on the means test is not reflective as he no longer receives that money. Hopefully, she is right. She has been pretty conservative all along so I feel pretty good about everything. So even though it was a pain to wait and a HUGE disappointment, I am very glad that we waited.

These months have flown by, make sure you have google voice. I just deactivated it this past weekend after filing. Silence is so nice. Hang in there! I know how you feel!

[BrokeinMD]

I had to wait, too. I wanted to file in June, but my attorney made me wait until October until my annual bonus fell off the 6 month look back. It's irritating when the phone rings, I know. Turn off the ringer. And, if they have your cellphone, buy a month to month one with a new number and turn the other off. I agree with Basket, the Silence is Golden! You're all paid up with your attorney, so you just have to wait. Hang in there!

[pamkev]

Thanks everyone. We do have the goggle voice although some still call our home phone and we do turn off the ringer. We have found out that they have called my hubby's brother in SC which has now started some questions from family. I am thinking of sending a letter to tell them to cease the phone calls. Will this speed up them maybe suing us? We stop paying Feb/Mar. I was just looking forward to having this done.
I do have a summer job which I'm thinking of quitting or really cutting back my hours till this is all over with.
Pam

[AngelinaCat]

This is called a Cease and Desist letter. Look up the Fair Dept Collection Act, quote that. Tell them that according to the FDCA, they are on notice that they are only allowed to contact you writing, and that they are not allowed to call you, your husband, either at your home, or place of work. Nor are they allowed to contact any neighbors or family members.

[pamkev]

Thanks Cat will do that

[ValleYum]

Hang in there, Pam! <3 TGIF

[pamkev]

Thanks ValleYum. I also just realized I will not have a paycheck from my regular job ( I work at a middle school) until Sept 20 and then that will be only be for a weeks pay. Won't get a full pay until Oct due to how the paychecks fall so that should help if we wait till hubby's ot drops off and my very limited income from my summer job for July/Aug hopefully come Sept I will have good news.

Pam

[Pandora]

Pam,

Just to expand a bit on what ACat posted - usually you cannot C&D an original creditor (if this be the case) but it can vary based on collection practices of the org. creditor depending on state laws.

With that being said - if you / family members start getting phone calls - you should tell your family members to inform whomever calls that they are not in contact with you and that they (org. creditor) must stop calling.

If its a JDB - then by all means...

Hang in there - August isnt that far away! I about fell over when I read the $29 overage... can you not make that up somewhere in the IRS standards? Sounds like your trustee is going to be a stickler

[keepsmiling]

29 a month should be easy. Raise your insurance.
You may find that your car insurance goes up at least that much anyway post BK.

[justbroke]

29 a month should be easy. Raise your insurance.
You may find that your car insurance goes up at least that much anyway post BK.

Not that I advocate manipulating costs, but there are some things you could do with insurance for sure. However, if you want to have defensible numbers and not be so close to the limits, then it's better to let income fall off. The problem is in the over-the-median income cases where you are likely to be scrutinized anyhow, and one relatively small expense being denied, will put you over the limit.

[pamkev]

Again a HUGE thank you to this board. I talked to our lawyer today and she said with waiting till Aug and me not having a paycheck from the school in July and hubby's OT being dropped off we should be okay. If need be I will lower our car deductible to 100.00 instead of 500.00 as a matter of fact I might just do that now as it is due in Nov.

Pam