Husband is currently judgement proof, but may change soon

[janna57]

I have posted a few months ago. My husband is living on racetrack grounds, works as a groomsmen, gets paid under the table. (Ignored my pleas to file BK, especially while he was not on paper!!) Now, he may move with me, if he obtains a job. He has some good prospects of landing a certain job with some family pull. It is not a great pay to start, but will increase in years. Also, will have full benefits after 90 days. as far as wages, I believe it it a three tier plan. So, in just a few years, he will making decent money. My question is, if he files soon before he lands the job, he would probably not be eligible for ch. 7? I know that there is a median income to meet. I am just on disability and make a little under $1100 a month. We own nothing. Except, car in my name, only. I think that his starting wage will be little under $10 an hr. As I am writing my question, I believe that the answer is that I must take the median test. I will not know for sure what the wage is.(really hoping that he gets the job) Oh well, if it has to be ch. 13, hope it won't hurt too much.

[SinkingFast]

Whether or not you can keep your car will depend on the State you live in and the car. You'll have to check the value of your car and your State's exemption amount allowed for a vehicle.

The Means Test is based on the previous 6 months of income. If Hubby files quickly, before he starts the new job, then his income is ZERO as far as the Court is concerned. He's paid under the table. He could say his room and board are the compensation for his work as a groomsman.

One problem with filing before the new job starts is the "Do you expect an increase in income?" question. If Hubby knows he's getting the new job, then he'd have to answer Yes to that and explain.

If you go to:

http://www.usdoj.gov/ust/

You can get info on the Means Test. I did a quick check of all the States for a 2 person family and unless you live in Puerto Rico, income may not be a problem.

If Hubby does indeed land the job at $10/hr, with 2080 work hours in a year, that an annual salary of $20,800/yr. Every State's Median income for a family of 2 is above that.

Your $1100/mo may not enter into the equation at all. Depends on where your disability benefit comes from. If it's SSI, then it's exempt. Social Security benefits are expressly exempted under the New Law. Beyond that, ie private source such as for an on the job accident from a previous employer, I'm not sure. You'd have to ask an attny about that.

Quite possibly, even if Hubby does take the new job, you still wouldn't have a problem qualifying for Ch 7.

[djk]

We own nothing. Except, car in my name, only.

what is the current total debt, you and your husband, combined? I apologize if I missed something in your post.

[no_it_all]

My question is, if he files soon before he lands the job, he would probably not be eligible for ch. 7?

Sounds more like a statement than a question but I will give it a try...


Download a copy of the Means Test Calculator and have him fill it out.