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Couple of questions.

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    Couple of questions.

    The means test has me kind of confused. When our lawyer did it, she said we were +16$ at the end of the month. Obviously that allows us to pass.

    But when I do the test at
    http://www.legalconsumer.com/bankrup...tcy-means-test. it says we are -$275 every month.

    I think the difference is in line 19a the food.clothing.household supplies blah blahs. The exemption is 1894$, but we obviously don't spend that much. Can we still use that amount?


    My next question is this. Our lawyer said we should get our tax return first, and spend it, then file. She suggested putting it in safe places. Starting an IRA (w/e it is called) for DH, she said we could put a large chunk on our mortgage, as we are roughly 10-15k upside down in our home, and could even pay extra on my vehicle, as long as we didn't pay so much as to get equity in it.

    Won't that tax return then count as income for us? Which would completely blow us out of the water I think. We are expecting 6-8k back. Wouldn't paying that extra to our mortgage or our car count as preferential payment, and thus sending us down the presumption of fraud road?

    We are also expecting him to get a raise after the first of the year, which I don't think will mess too much if we file quickly, but if we wait until that return, I am afraid we will get pushed into a 13 unless we want to wait even longer. We could essentially send his raise amount to 401k, as right now he puts in nothing. We have a big fat 0 in the retirement department.

    I am sending these concerns to the law lady too, just wanted some BTDT feedback too!

    TYIA!

    #2
    bump, I would really like some input please.

    Comment


      #3
      In this situation, as hard as it might be to believe, the court and your trustee don't care how much you are under as long as you are under and show insufficient disposable income to support a Ch 13 plan. You don't have enough - how much you fall short doesn't matter.

      Although the Means Test and Schedules may seem straightforward, there are many gray areas and differences between districts in how the badly written current bk law is interpreted and how much can be included on the specific lines of the test. You paid your lawyer for his/her expertise - there's no reason to quibble over this small difference as long as it doesn't make any difference to the outcome of your case. And it doesn't.
      I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

      06/01/06 - Filed Ch 13
      06/28/06 - 341 Meeting
      07/18/06 - Confirmation Hearing - not confirmed, 3 objections
      10/05/06 - Hearing to resolve 2 trustee objections
      01/24/07 - Judge dismisses mortgage company objection
      09/27/07 - Confirmed at last!
      06/10/11 - Trustee confirms all payments made
      08/10/11 - DISCHARGED !

      10/02/11 - CASE CLOSED
      Countdown: 60 months paid, 0 months to go

      Comment

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