Questions from a newbie - tax refund, cosigned loan, exemptions, pro se, expenses +

[BethyBoo]

Hi all, I am new and have a few questions and I apologize in advance for the length of this - last night I attempted to purchase and download NOLO Chapter 7 but received an error (my card was charged twice but I didn't receive the download and they are closed for the weekend), so am hoping someone on here can answer my questions as I am attempting to complete paperwork today for my lawyer (who I have not retained yet). I had thought I would probably be able to answer my questions via the NOLO book, and so I apologize for all the questions - I thought I could find the answers myself, but as I am consulting with a lawyer on Monday I wanted to have a good idea of what my options were so I know if he is being upfront and accurate about everything. I recently went thru the process of finding a good lawyer for my divorce and am a bit leary of lawyers after that, not all were upfront or honest or cared about my situation.

Background - single mom of 3 girls, divorced Nov 2009, monthly income of $2300, in Minnesota, total debt of about $35000 (all except for $5500 is in my name, $5500 I am a co-signor on and that is the only secured loan)

Debt 1 - CitiFinancial HELOC $15,900 (my house was foreclosed on 2 years ago, so am I correct in assuming that even though Citi still shows this debt as secured -each time they call, they still threaten to foreclose on my hosue!! - it is actually an unsecured debt right?) - debt is in my name, per our divorce agreement my ex and I are both responsible for 50% of the debt - 30 days behind (I expect to get served papers shortly for a garnishment, last time I was 30 days behind I was served.)

Debt 2 - personal loan from Beneficial $10,000- debt is in my name, per our divorce agreement my ex and I are both responsible for 50% of the debt - 60 days behind

Debt 3 - Time Share thru BlueGreen $5500 - in my ex-husband's name, but I co-signed on the loan. This is the only debt that has an automatic payment thru my checking account and is the only one still current due to this. Per our divorce agreement my ex and I are both responsible for 50% of debt, I am responsible for maintenance fees and dues, and ex is to sign the deed over to me

Debt 4-10 - a few small credit cards all in my name, $500-$1000 each, all have gone to other collection agencies

I also have a checking overdraft LOC attached to my checking account, currently with no balance owed - would that be included in my chapter 7?

I just decided this weekend that bankruptcy might be necessary, I have been trying to hold on for a few years, but I just don't see any end to this in sight - I am behind on all debt payments besides BlueGreen timeshare, and our monthly expenses are more than my income. I have been trying to juggle things but it's not working. I also just filed my taxes as we desperately needed the money, and I had thought to catch up the past due debts, before I realized that I probably will never be able to keep my head above water. So here are my questions:

1. - I am in MN and am confused on the exempt items, I didn't see anything in there that mentioned cash exemptions. Can someone tell me what are the exemption amounts for MN? And compared to the Federal exemptions? I keep hearing about a wild card exemption, but I didn't read anything about a wild card on the MN exemptions page. We have no assets - no home, $900 car, $1500 in household belongs, so my biggest asset will be my tax refund. I am expecting $7535 from federal taxes ($3000 from the child tax credit, $4181 from the EIC - earned income credit, and $400 from Making Work Pay credit - I thought I read that these are considered welfare benefits and are exempt?) plus $1749 from state taxes of which $1727 is the MN working family credit (maybe also exempt as a welfare benefit?) and $535 from property tax credit on our rental house. I have 3 vehicles, all owned, one worth approx $900 - the only working vehicle, and the other two are basically junkers that need to be hauled to the junk yard. We rent, no house as we lost that in foreclosure 2 years ago, no other big assets - approx $1000 - $1500 in household items, but that is maybe high. It would cost me that much to replace everything, includes clothing for 3 childrens ages 5 and under, clothing for myself, dishes and kitchen items, one tv and vcr, one netbook laptop, movies/dvds, childrens toys, 3 beds, one crib, 3 dressers, one table with 4 chairs, one loveseat, a few pictures on the wall, books, few other small misc items. We don't own any appliances or any large items. No jewelry, nothing of any real value. Most items were purchased 8+ years ago when first married so have been used for quite a while and show wear and tear, only exception is childrens toys and clothing as most were gifts from grandparents in the last year or two. Based on that - do I stand to lose any of my household items? I am pretty sure not, or the car. How about the tax refund? I am really hoping there is some way I can keep the tax refund, which will be deposited next week.

2. I am pretty clear on all of the debts (all unsecured I believe and in my name so will be fairly easy) but what about the Bluegreen debt in my ex's name that I co-signed on, including the maintenance fees that per our divorce agreement I am responsible for. And if the other unsecured debts are discharged, does my ex automatically not owe on them also? He was required to pay 50% per our divorce agreement (which he is not doing) but all are in my name. Does he keep the BlueGreen debt and I am no longer responsible for it? And do I still get the deed for it per our divorce agreement? Am I still responsible for the maintenance fees?

3. My ex is also ordered to pay child support, but he is behind. It's not much $281 a month, divorce was finalized in November 2009, and I thought I read on here that if someone owes you money it has to be paid before you can file. Does that $281 count as monthly income even though I have never received it and should I reflect it in my income and account for it when completing my monthly expenses? If I was receiving it, some of our expense categories would be higher (ie: food, right now we use the food shelf/pantry to supplement our groceries but would buy at a store if I had the extra money). FWIW, my ex also owes child support for a previous child with someone else, and he is about a year and a half behind there and has never made any effort to catch up (he did for one month when our tax return was taken in 2008, but that only lasted for one month as he then disappeared and quit working), he's not currently working, and the odds of him ever actually catching up on what he owes me is incredibly slim. Can I truly not file until he pays all of it?

4. If my tax refund is considered exempt (approx $9200), am I able to spend it on whatever I want and would I have to account for these things? It will be direct deposited in my account next week, should I wait to file until after that, or does it not matter if it is exempt. I ask because I have some things I need to buy (ie: carseats for 2 of my little girls as they have outgrown theirs, need to fill LP tank about $900, currently use laundromat as have no washer/dryer but I would love to get some cheap used ones - maybe $300-$400, really need some groceries, some vehicle maintenance things that have been put off too long - another $300-400, possibly a lawyer - maybe $2000, not sure how much to expect, and some other things) - I am pretty sure I can do all of those without having it questioned. And I also borrowed $2500 from my employer back in August to pay for my divorce lawyer which I promised to pay back via my tax refund (I had 3 little girls with a dad who had disappeared for the previous 8 months with no contact with the children at all, and I really did not want to use a free lawyer, as I was very concerned about child custody issues and wasn't willing to sacrifice their future safety for a free laywer - I needed a good lawyer, and he was worth the $2500). I really need to pay that back, as I am still working for this company, but didn't want it to look like preferential payment and have them owe it back to the court, as that would be even worse. There is nothing in writing about this temporary loan, I've worked there for years and they trust me to pay it back. This is the first time I've gotten this much back in my refund, double what it normally has been - but also first time filing without my ex so his income is excluded and I don't have any taxes withheld from my paycheck, but my entire refund is coming from child tax credits, EIC - and I feel maybe that will be looked upon badly, that I am receiving $9200 and filing bankruptcy.

5. I work two jobs, one at $1300 a month and the other at $1000 a month - the $1000 one is possibly ending, the owners have been offered a purchase agreement and are seriously considering selling the business, which would mean the end of my job there. Do I account for this, or not, since it is not definite.

6. Can I keep my overdraft protection linked to my checking account? It is a checking account LOC - would it be included as a debt even with a zero balance? And will I lose my accounts at my bank if this account is closed? Does this overdraft account need to be listed on my forms?

7. When I complete my expense report I plan to use accurate numbers for what we spend now - how do I account for what we would spend if I did not have these debt payments? IE: we don't buy clothing as there is no money for it, use the food pantry to supplement our groceries, no money vehicle maintenance such as oil repairs, etc. Should I be using the numbers I am planning to have if I were not paying the debt payments? I just stopped paying 2 of them, and need to get the 3rd BlueGreen one out of automatic withdrawal from my account. The rest haven't been paid for months, or even years. Not paying those debts will free up some room in the budget to spend more on groceries and not use the food pantry, do an oil change, clothing, etc. But I obviously have not been spending those amounts in the past 6 month lookback, as I was skimping there and paying the debts instead. Which number do I use - the past 6 month history, or what it will be going forward? Is there a way to see what the averages are in my area, to know if any numbers I use would be a flag and cause problems or if they are all within the norm?

8. I've been reading about the benefits of filing a few days before payday when your account has a low balance - as I am getting a tax refund, providing it is exempt, will this matter?

9. Can I file pro se? I could use my tax return to help pay for a lawyer, but if I can file on my own, I would prefer to do that. I am going to have a few free consultations and get some opinions on my case.

10. This is the first time I've gotten this much back in my refund, double what it normally has been - but also first time filing without my ex so his income is excluded and I don't have any taxes withheld from my paycheck, but my entire refund is coming from child tax credits, EIC - and I feel maybe that will be looked upon badly, that I am receiving $9200 and filing bankruptcy. Will it look like I am trying to defraud the companies I owe by not catching up on my payments with my tax refund? I can do that, but it would only be a temporary solution, not permanent - and then all of the tax refund would be spent between the things I need (mentioned above in question 4) and catching up the past due payments, and I wouldn't have any way of getting funds for a lawyer if I then file a few months down the road when this situation comes up again. My income is less than my expenses when I include my debt payments. I have already put a budget in place to account for our income/expenses after the bankruptcy so I know we can make it work after that - but I just don't see any way to make it work now. Maybe if my ex was paying child support and his half of the debt payments, but he isn't working, and 4 times in the past year he has disappeared for months on end with no contact, so I literally cannot count on that money coming in consistently. He has quit 3 jobs in the past year and a half to move to other states just on a whim, and he worked a total of 7 weeks in 2009, just because he didn't care and would quit a job and take off. I can take him to court about this, but that involves retaining a lawyer, and I am not guaranteed any money after that. I know tons of single moms who are owed years worth of support and haven't received it and I am not even close to that yet. He owes it, but I have no way to force him to pay it. And odds are good he'll up and disappear again at some point. But I still feel so badly about filing - especially now that I know how much I am getting in my refund. Does anyone see any other options for me? Is bankruptcy truly the best option?


11. Anyone see anything I missed or any other problems/complications that might arise? Now that I have decided I am going to do this, I just want to get it over with - I want to file as quickly as I can and try to put some of this stress with debt collectors calling behind me. I am hoping to maybe file this month still as I am completing all my paperwork for the lawyer to review using June-Dec as my 6 month look back. Is this feasible?

Thanks to anyone who takes the time to read this and respond, I apologize for the length, I truly had hoped to find all my answers on NOLO but as that isn't going to happen this weekend, I appreciate any help I get here.

[jribe]

1. - I am in MN and am confused on the exempt items, I didn't see anything in there that mentioned cash exemptions. Can someone tell me what are the exemption amounts for MN? And compared to the Federal exemptions? I keep hearing about a wild card exemption, but I didn't read anything about a wild card on the MN exemptions page. We have no assets - no home, $900 car, $1500 in household belongs, so my biggest asset will be my tax refund. I am expecting $7535 from federal taxes ($3000 from the child tax credit, $4181 from the EIC - earned income credit, and $400 from Making Work Pay credit - I thought I read that these are considered welfare benefits and are exempt?) plus $1749 from state taxes of which $1727 is the MN working family credit (maybe also exempt as a welfare benefit?) and $535 from property tax credit on our rental house. I have 3 vehicles, all owned, one worth approx $900 - the only working vehicle, and the other two are basically junkers that need to be hauled to the junk yard. We rent, no house as we lost that in foreclosure 2 years ago, no other big assets - approx $1000 - $1500 in household items, but that is maybe high. It would cost me that much to replace everything, includes clothing for 3 childrens ages 5 and under, clothing for myself, dishes and kitchen items, one tv and vcr, one netbook laptop, movies/dvds, childrens toys, 3 beds, one crib, 3 dressers, one table with 4 chairs, one loveseat, a few pictures on the wall, books, few other small misc items. We don't own any appliances or any large items. No jewelry, nothing of any real value. Most items were purchased 8+ years ago when first married so have been used for quite a while and show wear and tear, only exception is childrens toys and clothing as most were gifts from grandparents in the last year or two. Based on that - do I stand to lose any of my household items? I am pretty sure not, or the car. How about the tax refund? I am really hoping there is some way I can keep the tax refund, which will be deposited next week. I think you said you have the Nolo book? In the very back it lists each state's exemptions; and there's also a page for federal exemptions. I'm not in MN, so i don't readily know those.. I will say though, that unless you have something that's very valuable and can easily be sold by the trustee- you shouldn't be concerned. Most people do not lose any "household" items. It's not really worth anything to anyone but you. The tax refund- depends on when you file and when it is received. If you receive the refund before you file- you should be okay. Just spend the money on necessity's and any extra amount (cash) needs to be exempted. Good exemptions are IRA's - you can contribute typically 4,500 per year. Again, just be cautious on when you deposit the money, and when you file. It sounds like you have older cars- so if you need a newer one- it would be wise to use some of that money for a down payment. If you don't have health care- get it. etc..

2. I am pretty clear on all of the debts (all unsecured I believe and in my name so will be fairly easy) but what about the Bluegreen debt in my ex's name that I co-signed on, including the maintenance fees that per our divorce agreement I am responsible for. And if the other unsecured debts are discharged, does my ex automatically not owe on them also? He was required to pay 50% per our divorce agreement (which he is not doing) but all are in my name. Does he keep the BlueGreen debt and I am no longer responsible for it? And do I still get the deed for it per our divorce agreement? Am I still responsible for the maintenance fees?
You must include all debt. You are only discharging your liability, not your ex's. The creditors will still go after the Ex for his responsibility on the debt. You will no longer be responsible after the BK. You will not get to keep the timeshare if it's discharged in BK. You won't get the deed- it will likely foreclose and go back to the lender. You'll want to consult your attorney from your divorce for specifics on your liability from that decree. No one here will be too well versed in divorce law.
3. My ex is also ordered to pay child support, but he is behind. It's not much $281 a month, divorce was finalized in November 2009, and I thought I read on here that if someone owes you money it has to be paid before you can file. Does that $281 count as monthly income even though I have never received it and should I reflect it in my income and account for it when completing my monthly expenses? If I was receiving it, some of our expense categories would be higher (ie: food, right now we use the food shelf/pantry to supplement our groceries but would buy at a store if I had the extra money). FWIW, my ex also owes child support for a previous child with someone else, and he is about a year and a half behind there and has never made any effort to catch up (he did for one month when our tax return was taken in 2008, but that only lasted for one month as he then disappeared and quit working), he's not currently working, and the odds of him ever actually catching up on what he owes me is incredibly slim. Can I truly not file until he pays all of it? No, you can still file. You'll need to list that you "expect" that you should be receiving child support- but are not. It's not something that the trustee will go after, asset wise. I would doubt you include it in your monthly income- since he is behind.
4. If my tax refund is considered exempt (approx $9200), am I able to spend it on whatever I want and would I have to account for these things? It will be direct deposited in my account next week, should I wait to file until after that, or does it not matter if it is exempt. I ask because I have some things I need to buy (ie: carseats for 2 of my little girls as they have outgrown theirs, need to fill LP tank about $900, currently use laundromat as have no washer/dryer but I would love to get some cheap used ones - maybe $300-$400, really need some groceries, some vehicle maintenance things that have been put off too long - another $300-400, possibly a lawyer - maybe $2000, not sure how much to expect, and some other things) - I am pretty sure I can do all of those without having it questioned. And I also borrowed $2500 from my employer back in August to pay for my divorce lawyer which I promised to pay back via my tax refund (I had 3 little girls with a dad who had disappeared for the previous 8 months with no contact with the children at all, and I really did not want to use a free lawyer, as I was very concerned about child custody issues and wasn't willing to sacrifice their future safety for a free laywer - I needed a good lawyer, and he was worth the $2500). I really need to pay that back, as I am still working for this company, but didn't want it to look like preferential payment and have them owe it back to the court, as that would be even worse. There is nothing in writing about this temporary loan, I've worked there for years and they trust me to pay it back. This is the first time I've gotten this much back in my refund, double what it normally has been - but also first time filing without my ex so his income is excluded and I don't have any taxes withheld from my paycheck, but my entire refund is coming from child tax credits, EIC - and I feel maybe that will be looked upon badly, that I am receiving $9200 and filing bankruptcy. You can spend the refund on anything that is considered necessary and you can exempt. Do not pay back your employer- it would be an insider payment. Let them know of the situation you're in, and you'll need to wait under after your case is discharged and closed and then you can pay them back. If you do it first- the trustee can (and likely will) go after the employer to get the money you paid them. Lookback can be over 1 year (2 i believe).

5. I work two jobs, one at $1300 a month and the other at $1000 a month - the $1000 one is possibly ending, the owners have been offered a purchase agreement and are seriously considering selling the business, which would mean the end of my job there. Do I account for this, or not, since it is not definite.There are two sources where you will list income. One is the "six month" look back which is used for your means test. The other is on your schedules I&J- and are present income. You may want to wait to file until you know for sure if you will be working both jobs. You can't exclude it now, because it "might" be gone later.

6. Can I keep my overdraft protection linked to my checking account? It is a checking account LOC - would it be included as a debt even with a zero balance? And will I lose my accounts at my bank if this account is closed? Does this overdraft account need to be listed on my forms?That depends on the bank. Is it an actual line of credit- or just an "overdraft line"? Anyway- just call the bank to see.

7. When I complete my expense report I plan to use accurate numbers for what we spend now - how do I account for what we would spend if I did not have these debt payments? IE: we don't buy clothing as there is no money for it, use the food pantry to supplement our groceries, no money vehicle maintenance such as oil repairs, etc. Should I be using the numbers I am planning to have if I were not paying the debt payments? I just stopped paying 2 of them, and need to get the 3rd BlueGreen one out of automatic withdrawal from my account. The rest haven't been paid for months, or even years. Not paying those debts will free up some room in the budget to spend more on groceries and not use the food pantry, do an oil change, clothing, etc. But I obviously have not been spending those amounts in the past 6 month lookback, as I was skimping there and paying the debts instead. Which number do I use - the past 6 month history, or what it will be going forward? Is there a way to see what the averages are in my area, to know if any numbers I use would be a flag and cause problems or if they are all within the norm?This depends if you're close on DMI or not. If using your actual expenses- you have too much DMI- then use numbers that are a little higher that you would be using if you didn't have the expenses. Definitely include expenses for the kids, groceries, heating electric etc.

8. I've been reading about the benefits of filing a few days before payday when your account has a low balance - as I am getting a tax refund, providing it is exempt, will this matter? [COLOR="magenta"][/COLOR]Some banks freeze accounts when you file. That's your call. Most people take the cash out until they know for sure. Again- make sure your refund is either spent way down before you file- and the cash amount left is exempt. 9. Can I file pro se? I could use my tax return to help pay for a lawyer, but if I can file on my own, I would prefer to do that. I am going to have a few free consultations and get some opinions on my case.
You can certainly file pro se. It depends on how comfortable you are with your situation, and your ability to go through the forms. I will be honest in saying that using a form preparer is not the best idea. It's actually a red flag to most trustees. They often make mistakes as well- and you may not notice if you don't do it yourself. I had many people in my 341 who used preparers who screwed up their petitions. Either hire a lawyer, or do it yourself. 10. This is the first time I've gotten this much back in my refund, double what it normally has been - but also first time filing without my ex so his income is excluded and I don't have any taxes withheld from my paycheck, but my entire refund is coming from child tax credits, EIC - and I feel maybe that will be looked upon badly, that I am receiving $9200 and filing bankruptcy. Will it look like I am trying to defraud the companies I owe by not catching up on my payments with my tax refund? I can do that, but it would only be a temporary solution, not permanent - and then all of the tax refund would be spent between the things I need (mentioned above in question 4) and catching up the past due payments, and I wouldn't have any way of getting funds for a lawyer if I then file a few months down the road when this situation comes up again. My income is less than my expenses when I include my debt payments. I have already put a budget in place to account for our income/expenses after the bankruptcy so I know we can make it work after that - but I just don't see any way to make it work now. Maybe if my ex was paying child support and his half of the debt payments, but he isn't working, and 4 times in the past year he has disappeared for months on end with no contact, so I literally cannot count on that money coming in consistently. He has quit 3 jobs in the past year and a half to move to other states just on a whim, and he worked a total of 7 weeks in 2009, just because he didn't care and would quit a job and take off. I can take him to court about this, but that involves retaining a lawyer, and I am not guaranteed any money after that. I know tons of single moms who are owed years worth of support and haven't received it and I am not even close to that yet. He owes it, but I have no way to force him to pay it. And odds are good he'll up and disappear again at some point. But I still feel so badly about filing - especially now that I know how much I am getting in my refund. Does anyone see any other options for me? Is bankruptcy truly the best option?
This is your decision to make. Having a large refnd isn't a red flag.. You didn't have a ton of money withheld- you're just eligible for credits. There's nothing wrong with that. And it's not your fault you have a dead beat of an ex. I would recommend doing something about that though. It's not fair for the kids or you.

11. Anyone see anything I missed or any other problems/complications that might arise? Now that I have decided I am going to do this, I just want to get it over with - I want to file as quickly as I can and try to put some of this stress with debt collectors calling behind me. I am hoping to maybe file this month still as I am completing all my paperwork for the lawyer to review using June-Dec as my 6 month look back. Is this feasible?

Thanks to anyone who takes the time to read this and respond, I apologize for the length, I truly had hoped to find all my answers on NOLO but as that isn't going to happen this weekend, I appreciate any help I get here

[justbroke]

Thanks to anyone who takes the time to read this and respond, I apologize for the length, I truly had hoped to find all my answers on NOLO but as that isn't going to happen this weekend, I appreciate any help I get here.

Unfortunately, all these questions are perfect to be asking an attorney. Whether to use the Minnesota Exemptions or the Federal Exemptions will be based on a strategy. The MN Exemptions are good with personal property (furnishing, clothing), but not for "cash" because there is no "wildcard" exemption.

If you're getting a $9,200 tax refund annually, that's almost $767/month in "extra" income. I'm not too sure you'll be in a Chapter 7 with that kind of money being refunded. Especially since you don't have any real property. With your $2,300/month income and $800/month tax refund, that's $3,067 a month. With three dependents, you should be able to pull it off, but you really need to sit down with an attorney.

I think you're thinking too much at this point. Get the consultations and see how the numbers work. Then come back and ask a very specific question on a specific topic. This was a lot to digest, and it's all, really, meaningless without you going through the means test, including your $800/month refund in your income, and a local attorney evaluating which exemption scheme to use. (For example, debts 1-10 disappear (would be discharged), so they are meaningless in the context of a Chapter 7 bankruptcy

[BethyBoo]

Thank you both for the help. I really appreciate it. I was not aware that my tax refund was considered income, I knew the trustee could take it if it wasn't able to be exempted, but not that it counts against your income/expense schedules. This is the first year I have received this amount, most years is in the $3000 range.

Thanks again

[justbroke]

Thank you both for the help. I really appreciate it. I was not aware that my tax refund was considered income,

This is just one of those unknown things. Some District actually require the Debtor (or their attorney) calculate their over/under withholding and factor that as part of your monthly income. This is usually done by taking the average/expected tax over/underpayment and dividing by 12 and adding that to the "current" monthly income.

In other Districts, it's not so obvious. For example, in my District, there's no requirement to do what I wrote above, but the UST does use a modified version of Form B22A (Means Test) which actually factors the over/under-withholding for purposes of determining abuse.

I pointed it out because many people have not understood that income tax refunds are actually income (over-withheld income).

[BethyBoo]

Would the same rule apply if my tax return is not from withholdings - but only from being low income and having 3 children? My entire refund is comprised of the child tax credit, earned income credit, and making work pay credit. I had $460 of taxable income in 2009 after my deductions were applied and the $46 tax for that was deducted from my refund.

[justbroke]

Would the same rule apply if my tax return is not from withholdings - but only from being low income and having 3 children? My entire refund is comprised of the child tax credit, earned income credit, and making work pay credit.

Only the Earned Income Credit (EIC) is protected. Everything is not. I would gather that most of your refund is EIC, since the Child Tax Credit is $1K per child (about $3K for you), and the Making Work Pay is $400.

[mtbc]

On my Schedule I I wondered if my "payroll deductions" would get scrutiny because, while they did reflect the amount I get withheld, I have no idea if that's really over or under for my tax liability. (We normally have other more random stuff that rather clouds the picture each year -- for instance, 2008 had a bunch of old consulting income paid, and a land sale.) Nobody seems to have looked too carefully so far, though!

[justbroke]

Nobody seems to have looked too carefully so far, though!

If you're under the median and under $100K in unsecured debt, they "usually" don't scrutinize unless it's obvious from your Schedule I/J. It's those borderline cases and over median cases that get the full "treatment".

[mtbc]

Ah, that makes sense, thank you. We were under median in our previous state, but brushing close; that's partly why I waited to file until over 90 days after we moved to MA, so that we had a comfortable margin. (I can file basic papers pro se, but I didn't want to have to win every argument!) So maybe that's partly why we (at least so far) escaped much scrutiny.