One Half Full
02-28-2008, 12:30 PM
I am now not paying a lot of bills so now I have much more money than I had before. I've gone from having less than zero to having about 800 dollars. I am of course pretty sure they will get it. It should only take another month to pay off the lawyer and file. This is the first month I have not paid the house or car.
My understanding is that the BK covers what you own and what is in the bank on the day you file-- not after or while you are going through BK unless (I presume) you win the lottery, or have a huge income tax refund coming.
Or-- (I guess this is the nut-graf) do they keep taking your money until the BK is discharged???
This is not "free" spending money, by the way. I doubt I will get another car though, and will make more money but I will need to put some in savings due to the fact that I have not been able to save appropriately for retirement for quite a while.
One Half Full
02-28-2008, 11:28 PM
Okay, I actually think this is a question about being below the median and then after not paying bills on lawyers advice finding I have disposable income. So now I will be forced to be a 13? I am 10K below the median and even the regular exemptions come up to more than I make. Although I will be in an apartment soon, the lawyer told me to give up the car and save money to get a "beater," which I need to work. So can they use this money I am trying to save to set up a new beginning and turn me into a ch 13?
epiphany
02-29-2008, 12:27 AM
Okay, I actually think this is a question about being below the median and then after not paying bills on lawyers advice finding I have disposable income. So now I will be forced to be a 13? I am 10K below the median and even the regular exemptions come up to more than I make. Although I will be in an apartment soon, the lawyer told me to give up the car and save money to get a "beater," which I need to work. So can they use this money I am trying to save to set up a new beginning and turn me into a ch 13?
If you are under the median you should be fine. I am in the same boat. Finding myself with money (but not really because it is going to the lawyer right now) but only because I have been doing without for so long. After the lawyer is paid off, I will be able to slowly buy some things that I really need.
I am guessing you have disposable income because you have been doing without the essentials. I remember you had no heat. Well you can figure in heating and it's okay. I remember you need new clothes. Well you can figure in a clothing allowance too, because it is a necessity. I think that maybe you will find your disposable income equals necessites that you have been going without. You are just not spending it yet. I don't think that there is any rule saying you have to spend it every month or you lose it.
Ask your lawyer to be sure, but if there is some reason that you need to spend it to keep it, then spend it on all those things you so desparately need!
EP
One Half Full
02-29-2008, 09:08 AM
Yes. I have disposable income because I am not paying the house, car, cc on the lawyers advice, and saving for lawyer, apartment deposits for when I move, transportation, moving expenses etc . If I was paying that stuff, my income would not even cover it.
But, I wondered if they would consider this disposable income a reason to force me into a chapter 13? You are right that I need to ask the lawyer.