Some quick questions. [Archive]

damooster

04-25-2009, 04:43 PM

I'm thinking about filing pro se because I have no assets. I do have a couple of questions that I did not see anywhere else:

1. I want to keep my car and understand that I have to reaffirm the contract. This is one of the reasons why I want to file pro se: the lawyer I spoke with charges an extra $200 for this. Looking at how much he charges has me concerned: if he's going to charge so much, it must be difficult to reaffirm, right? Or is he just trying to get more money outta me?

2. I have student loans and I also receive the GI bill ($990 a month while I'm enrolled). I should not have done this, but I included the GI bill as net income (I was stupid and irresponsible) when I applied for my motorcycle (which has since been repossessed). Will I now need to consider that as income?

Thanks.

justbroke

04-26-2009, 05:08 AM

1. I want to keep my car and understand that I have to reaffirm the contract. This is one of the reasons why I want to file pro se: the lawyer I spoke with charges an extra $200 for this. Looking at how much he charges has me concerned: if he's going to charge so much, it must be difficult to reaffirm, right? Or is he just trying to get more money outta me?No, it's just more paper to deal with, and this indicates to me, that the BK attorney you contacted, has "low" prices to attract clients. The attorney then charges for "extra" services. That's not to say that's bad, as handling the re-affirmation does mean that the lawyer must certify that it's a not a hardship on you before filing it with the court. This does cause extra work for the Attorney. Also, posting lower prices (sans things like re-affirmations, APs), does allow the lawyer to offer competitive pricing that fits most debtor filings.

2. I have student loans and I also receive the GI bill ($990 a month while I'm enrolled). I should not have done this, but I included the GI bill as net income (I was stupid and irresponsible) when I applied for my motorcycle (which has since been repossessed). Will I now need to consider that as income?
Good question. Don't worry about having used it as a source of income when you applied for the motorcycle, as that's done and will not affect anything else.

The question is, is the GI bill income treated as income for purposes of the Means Test? It probably is. I don't have direct experience, but getting a consult with a couple of attorneys should get what their view is for your particular District.

Income in a bankruptcy is defined in the bankruptcy code. It basically reads that all income from all sources (with a very few exceptions including social security income) is counted for purposes of the means test.

If that GI bill money is being used to pay your household expenses, it gets even more interesting. I think that fact, that it's income to support your household while you are enrolled in school, makes it "income" for purposes of the means test.

Just my opinion.



	Bankruptcy Forum > Before the Discharge > Pro Se (Pro Per) Filing > Some quick questions. PDA Some quick questions. damooster 04-25-2009, 04:43 PM I'm thinking about filing pro se because I have no assets. I do have a couple of questions that I did not see anywhere else: 1. I want to keep my car and understand that I have to reaffirm the contract. This is one of the reasons why I want to file pro se: the lawyer I spoke with charges an extra $200 for this. Looking at how much he charges has me concerned: if he's going to charge so much, it must be difficult to reaffirm, right? Or is he just trying to get more money outta me? 2. I have student loans and I also receive the GI bill ($990 a month while I'm enrolled). I should not have done this, but I included the GI bill as net income (I was stupid and irresponsible) when I applied for my motorcycle (which has since been repossessed). Will I now need to consider that as income? Thanks. justbroke 04-26-2009, 05:08 AM 1. I want to keep my car and understand that I have to reaffirm the contract. This is one of the reasons why I want to file pro se: the lawyer I spoke with charges an extra $200 for this. Looking at how much he charges has me concerned: if he's going to charge so much, it must be difficult to reaffirm, right? Or is he just trying to get more money outta me?No, it's just more paper to deal with, and this indicates to me, that the BK attorney you contacted, has "low" prices to attract clients. The attorney then charges for "extra" services. That's not to say that's bad, as handling the re-affirmation does mean that the lawyer must certify that it's a not a hardship on you before filing it with the court. This does cause extra work for the Attorney. Also, posting lower prices (sans things like re-affirmations, APs), does allow the lawyer to offer competitive pricing that fits most debtor filings. 2. I have student loans and I also receive the GI bill ($990 a month while I'm enrolled). I should not have done this, but I included the GI bill as net income (I was stupid and irresponsible) when I applied for my motorcycle (which has since been repossessed). Will I now need to consider that as income? Good question. Don't worry about having used it as a source of income when you applied for the motorcycle, as that's done and will not affect anything else. The question is, is the GI bill income treated as income for purposes of the Means Test? It probably is. I don't have direct experience, but getting a consult with a couple of attorneys should get what their view is for your particular District. Income in a bankruptcy is defined in the bankruptcy code. It basically reads that all income from all sources (with a very few exceptions including social security income) is counted for purposes of the means test. If that GI bill money is being used to pay your household expenses, it gets even more interesting. I think that fact, that it's income to support your household while you are enrolled in school, makes it "income" for purposes of the means test. Just my opinion.