I used to make 30,000 a year. But now since I've had a baby, and have to take care of him, I only work part time and I only make about 240 a month. Luckily we live with family. I filed Pro Se because I couldn't afford an attorney. When I took my means test I was considered Poverty Level. So with all that being said, could my creditors STILL object and want me to pay them, when I'm barely making enough money to take care or myself and my son?
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So if I don't make a lot of money it will be discharged for sure?
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The trustee could view the totality of your circumstances. Even if you are under the median, if you have $160 of disposable income a month your case can be forced into a chapter 13.Originally posted by cirnrab View PostI used to make 30,000 a year. But now since I've had a baby, and have to take care of him, I only work part time and I only make about 240 a month. Luckily we live with family. I filed Pro Se because I couldn't afford an attorney. When I took my means test I was considered Poverty Level. So with all that being said, could my creditors STILL object and want me to pay them, when I'm barely making enough money to take care or myself and my son?
If you aren't paying rent, have a car payment or basically have expenses that are minimal and your family is paying all of them for you then the trustee could find you have enough disposable income to repay in a Chapter 13.
Nothing is ever a sure thing in a BK. Your creditors objecting is separate and apart from the trustee finding you have disposable income. Creditors can object if they see abuse. If a creditor objects your case will still go forward but you will have to negotiate with the creditor on the side, and without an attorney negotiating on your behalf, it won't go as well.Filed Chapter 7 Feb 25, 2008
341 Meeting April 3, 2008
Last date for Objections June 2, 2008
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