I'm so frustrated -- feel so defeated - sure to be whiney, enter at your own risk!

[goblue]

So we keep pushing back our filing date b/c my husband hasn't made any money in several months and we have to be current on mortgage before we file (last mortgage payment made was August). (commission only job - mortgage industry...ugh)

So I think is it worth keeping house or should I just let it go? Doesn't matter because without my 2,500 mortgage payment, I don't qualify on the means test.

Then, I realize, because we are delaying filing, one of my cars will be paid in full by the time we file. meaning, I cannot deduct the $489 ownership amount for that loan so again...I can't qualify. So we are trying to get a car loan before hand...ha ha ha..our scores have plumeted and the only way they will accept us is if our mortgage is current.

I would fail the means test either way. Nevermind that even without those expenses, I still don't have enough disposable income to pay the unsecured debit (credit card) minimum monthly payments especially now that we've defaulted on our accounts and our rates are jacked up.

it just seems like they don't look at the totality of the situation. My husband is going to make about 40% of his 2008 income this year.

And, now I'm worried about being sued by the credit card companies (Capital One and Chase) -- stopped paying in June/July. *Hope* to file in March. I don't know the process, but I would be mortified if they sue me and work had to start wage garnishments before we can file.

Am I missing something here? Just having a bad day, I suppose. And thought maybe -- just maybe -- I'm not thinking things through and we would be able to file w/o that mortgage payment and/or car payment.

Thanks for listening and if you have any suggestions/input.

[albacore44]

Well you may have already mis-calculated on the car loan. it works like this: balanced owed / 60 months = monthy payment you are allowed to deduct, so yes, you are better off buying a car if you need it to qualify. The attourney i consulted last oct advised me to buy one so i did before my credit was trashed. I'll be filing in january

[goblue]

Where I'm confused is on the means test Section 23 Vehicle Ownership or Lease Expense. If I outright own the car, I only can't include it there, right? Just under Section 22 Vehicle Operation Expenses?

It looks like we can qualify for a sub prime loan - once (IF) my husband gets paid on 11/23.

I'm just having one of those days, I suppose. Can't quite see the light at the end of the tunnel -- tired of juggling everything

Thanks!

[justbroke]

Where I'm confused is on the means test Section 23 Vehicle Ownership or Lease Expense. If I outright own the car, I only can't include it there, right? Just under Section 22 Vehicle Operation Expenses?

Whether you can use the Vehicle Ownership Expense varies by District. Some Districts allow at least a $200 ownership allowance, and others allow nothing when your vehicle is unencumbered.