Forum Rules (Everyone Must Read!!!) (updated: 04/28/2015)

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Signed Today / one quick question

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  • Signed Today / one quick question

    We made the last payment and signed our paperwork today, should be filed in the next few days.

    Quick recap cap of our case. Because my husband is 100% disabled vet with most debt incurred while active duty he was able to skip the means test. Only because of that we were able to qualify for a Ch7 vice a 13. We did add his income back into the schedule I & J but with expenses we just barely qualify for the 7.

    So while in the lawyers office today we were told to assume the UST would be sitting in on our case and potentially want to convert to a 13. They believe they will argue that my husband is not actually exempt from the means test because the biggest debt we have is our home loan (the means test exemption states MOST of the debt must have been incurred while active duty). And even though we did buy the home while he was still active duty we re-financed it after he retired. I do not understand this logic because the refinance we did was a cash out (last ditch effort) to pay off debt. The debt that was paid off with that cash was all incurred while he was active duty. I see this more of a reshuffling of I wrong?

    I doubt I will run across anyone who has experienced this same thing but I would love the hear your thoughts. Do you think my lawyer is just being overly cautious and preparing us for the worst? He did say they would fight for us but just wanted to warn that we may have to convert. Now my head is really spinning.


  • #2
    My thought is that you may be surprised as I was; the UST may not even be interested in your case. It is what it is, at this point. I think the attorney is being cautious as UST intervention is possible. It is just too hard to tell you that everything is going to be perfect.
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    I am not an attorney. Any advice provided is not legal advice.


    • #3
      The refinance is essentially a new loan, which paid off the old mortgage you took out while he was active duty.

      You say that you "barely" qualify for a 7 when you add your husbands income back in on schedule I & J; are all your expenses within the IRS guidelines? If so, and you show little-to-no disposable income you'd probably still be ok for the 7 even if your income is above the median; in other words, if you are forced to go through the means test you'd probably still pass it, again, as long as 2 factors are true: 1. you show little or no DMI and 2. all your expenses are within the IRS guideline numbers
      This post does not constitute legal advice. If you use this advice instead of that of a lawyer, God help you.
      Filed CH 7: 5/11/17 341: 6/12/17 Discharge: 8/14/17


      • #4
        Rjmwx81...I presented that same scenario to our lawyer. I asked if we don't have enough $ left to pay our expenses on the I/J what does it even matter if he has to take the means test. His answer was that we would be forced to lower our expenses so we would not qualify. Some of our expences are higher then the IRS allowed amount but they can all be proved and justified....if that even matters.

        I guess we just have to wait and see what happens. I do view this as a technicality and hopefully the UST will not feel like not picking...but we are prepared for the worst.


        • #5
          If your expenses are above the IRS guidelines, then, yes, you MAY have a problem...or you may not. If your expenses are in the "neighborhood" of the IRS exemptions the UST may decide it's not worth the trouble to pursue. If you're WELL above in any category, then you could have a fight on your hands....a winnable fight, if you have the documentation you mention, but a fight nonetheless, and one that you're not GUARANTEED to win. I think that's what your lawyer is trying to prepare you for.
          This post does not constitute legal advice. If you use this advice instead of that of a lawyer, God help you.
          Filed CH 7: 5/11/17 341: 6/12/17 Discharge: 8/14/17


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