Over Median

[woodj]

It has been a while since read the forum. Thought I would give a little history and update. My wife had surgury and will be out of work for 2-3 months. As a result, we are WAY negative on our budget (~$2,000 per month) Our combined income, we fail the means test. My income alone, we are above median but pass the means test. I will have to wait six months to file ch7. The first visit to the lawyer was disappointing, he insisted that I had to file ch 13. The second visit was much better, a different lawyer in the same firm agreed that I could file ch7 if I waited 4-6 months to allow my wife's income "roll off" our total income. He also suggested I include several items on the means test to help me out. (items such as charitable contributions) He said the trustee permits several items such as this without investigating. I did not say anything but I don't think I want to do that. Being over the median will already raise a red flag. I do not want to get to the 341 and not be able to explain anything on my paperwork. Anyway, I am waiting until Sep or Oct to file. In the mean time, I am fending off the calls. Boy they start quick when you get behind. I am amazed at how little they want to work with you even if you have a perfect pay history.

I worry that I will go through all of this and have my ch7 dismissed. I have been reading Dragonfly's story and wish them the best of luck.

[lrprn]

It has been a while since read the forum.

Welcome back, woodj - sorry to hear about your wife's surgery and income loss

a different lawyer in the same firm agreed that I could file ch7 if I waited 4-6 months to allow my wife's income "roll off" our total income. He also suggested I include several items on the means test to help me out. (items such as charitable contributions)

This lawyer sounds like he knows the ins and outs of bankruptcy. Great that you felt you had a good meeting with him.

I am amazed at how little they want to work with you even if you have a perfect pay history.

Sad, isn't it? Decades of perfect payment history and these lenders aren't willing to give you a break in any way. No wonder so many have had to turn to bankruptcy - it's the only viable option left.

Hope your wife is doing well after her surgery - here's some smooth recovery positive thoughts coming her way.

[Help!]

woodj, will you be below the median after her income rolls off? If not, you are wise to play it safe with expenses on schedule J or deductions on the means test you don't feel comfortable with. In our case, we were required to show 12 months of documentation supporting things like charitable contributions. We were able to dig them up, but it would have been the end of our Ch. 7 if we didn't have them or couldn't confidently explain them.

If you are $2000K upside down every month, I am glad you aren't allowing yourself to be pushed into Ch. 13. I think lawyers see that it will be a little extra work for an above-median filer and would rather do what's best for them - not you. If you will still be above median when you file, keep diligent records (especially those medical bills) over the next few months and be careful with bank accounts. Keep in mind that you might have to provide statements and any extra deposits or questionable checks/withdrawals could come up as a topic of discussion later.

In the meantime, you might want to get caller ID so the calls don't get to you. Answering them probably won't get you anywhere (rarely are they willing to work with you) and it doesn't slow them down a bit.

Keep smiling...