Oh my Gawd, means test may not have been needed.

[freshstart06]

I am going to email him and send a letter. I just added up all our debt and yes, our taxes is well over 50% of our debt and I also have expenses from being a Mortgage broker that I needed to add as well. this feels so good that the means test can be thrown out.

[freshstart06]

biotech, I pm you my email address. please email me form 22a.

[SinkingFast]

At the top, center of this page is a link to a .pdf file of B22A:

http://www.usdoj.gov/ust/eo/bapcpa/meanstesting.htm

[freshstart06]

I looked everywhere on form22a and I don't see where you check the box if you have only non-consumer debt... do you just make a statement???

I am so nervous to email my trustee again (yes, I emailed about something else before) What is the worse can happen if I make him aware that most of my debt is Income tax???

here is a approximately the figures
$1500-$2000 credit card debt
$9000 maybe that much in personal loans
$3500 misc maybe that much
$3200 owed to previous landlord but not listed on credit report just mention on BK to protect our interest
$10,000 for that option money that was suppose to be argued in court because we did not purchase the home due to my detached retina so we did not exercise our option but they put it on my credit report anyway evne though we did not go to court - this is a tricky one
$3700 owed on car one
$800 owed on car two
$47,000 in back taxes plus (taxes my be higher because we forgot to add our state, which we are amending tommorow. ONly $13,985 will be discharged. The rest we have payment plan of $400 a month.

As you see we are over 50% of non-consumer debt, I wonder if the trustee would even withdraw the so called option money??? but even if you add it still would not make a difference.

What would you guys do??? email the trustee and tell him or leave it alone and see what happens since I have this as back up

[cathywhite4495]

I don't think you would really need to email him. He has had a chance to go over your paperwork and see what you have for debts so he most likely knows how much you have in taxes. It doesn't seem like doing the means test would get you in trouble. It seems like if you did MORE than what was required of you, you would be OK.
If it is going to eat away at you, you might want to consider asking the trustee but I really don't think you need to.

[freshstart06]

your right Cathy, he already went over our stuff and if he had questions he would have asked at the meeting. He was an older man, maybe in his 60s and he has been a trustee for decades so he knows what to look for. Almost all his cases discharge and close, he seems fair. I am just nervouse because he did not ask any questions, I know this is dumb.

[biotechsolution]

Form is on the way.

I don't think its on doj's website. You'd more or less have to find a attorney who does business bankdruptcies.

This is why if anyone is using bankruptcy to discharge taxes you need to find an attorney who specializes in business debt.

You average bankruptcy attorney won't know much about tax debt or will treat it incorrectly.

[SinkingFast]

I looked everywhere on form22a and I don't see where you check the box if you have only non-consumer debt... do you just make a statement???

The box you're looking for is on the Petition to file BK.

http://www.uscourts.gov/bkforms/bank....html#official

Click the link for Form under B l Voluntary Petition (04/07). That will open a .pdf file for the BK Petition.

About the middle of the page, to the right, is a box titled Nature of Debts. That's where the check box for "Debts are Primarily Business Debts" is located.

But I think you're right. At this point, leave it to the Trustee. A seasoned Trustee is more likely to look at the bigger picture than nit-pick minor procedural flaws.

[freshstart06]

Oh my nerves, my nerves... I can't wait until this is over.

[familyof7]

Freshstart,
Calm down. I would not send anything just yet. I would wait and see what happens. You dont want to draw any unessecary attention to your case. Just wait and if something does arrise you can ammend your schedules then at least you can rest assured knowing you have ammonition if needed.I almost got my self in trouble offering too much info and drawing un needed attention to myself.

[cathywhite4495]

FO7 has a good point about drawing attention. I would take it as a very good sign that he did not ask you too many questions. That's what I'm hoping for when it's my turn.
I hear you about this thing being over! I really don't think you have anything to worry about. 2 months from now you'll be laughing at how nervous you were

[freshstart06]

yeah, you guys are right. Everyone told me how easy the 341 meeting would be and I just knew he was going to drill the heck out of us but ask us nothing. I mean we withdraw $1500 out of our account before filing even though we had a good excuse we did it. The reservation money was not even a mere mention and boy our taxes... but it was just yes and no basically verifing our names and if we understood the forms we submitted in the end he told us our paperwork was in order and to take our id.

[cathywhite4495]

If he told you your paperwork was in order than I think you have absolutely nothing to worry about! I also have visions of some mean guy going over every one of answers. Even though nobody has posted a 341 meeting like that I still think about it.
I think you're able to settle into the waiting game now. Waiting is about the hardest part of this whole process. I'm glad school's about to start so I'll have a lot of other things on my mind.

[biotechsolution]

freshstart:

Your biggest objection would have come most likely from the IRS. They would have wanted to know that you had filed for 2006 and if you are still being paid on 1099's for this year that your quarterly payments are up to date.

But since the majority of the debt is priority taxes they most likely didn't care. Make sure that if you're discharging your 2003 taxes that you filed them ontime on April 15, 2004 and didn't file an extension for the year if you filed an extension they are not dischargeable.

[biotechsolution]

The paralegal first of all should have saved you the trouble of filing all the means test to begin with. Did you ask her why she had you file? That’s my first question for her.
Second how can this open a can of worms? What is does is close any objection can they raise using 707(b) for the base of the objection.

You are left with 707(a) and 727 objections.
Which is basically objections due to fraud and not filing correctly. Very few are dismissed for these reasons if you pay attention to your filing deadlines.