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    #16
    I agree with everyone above.

    You should file ASAP. Do it now while you are on unemployment and before you get another job with potentially a higher income.

    First thing I wish I had done is take a moment to gather as much info on Bankruptcy as possible. If it means buying the book I see everyone talking about or just reading a lot on the internet and these forums. The more knowledge you have the better off you are. I would take a few days or a week or so and just read up on the subject.

    Next I would get my name off the GF's checking account and open one in my own name.

    Then I would call and make 3-4 appointments with lawyers specializing in bankruptcy in your area. I personally went with a large business with multiple Lawyers in it, but there are advantages and disadvantages with either large or small firms.

    You are going to need all kinds of paperwork financially speaking. From check stubs to checking account statements, theres a lot to be gathered. Your lawyer will tell you what you need.

    Here is the page that lists the maximum allowable income based on family size and the maximum deductions for expenses.

    Official website of the U.S. Department of Justice (DOJ). DOJ’s mission is to enforce the law and defend the interests of the United States according to the law; to ensure public safety against threats foreign and domestic; to provide federal leadership in preventing and controlling crime; to seek just punishment for those guilty of unlawful behavior; and to ensure fair and


    This page was my salvation when it came to listing my expenses. When I Initially filed Chapter 13 I had no idea what was allowed for expenses. I ended up getting screwed with a large payment until I refiled Chapter 7.

    These numbers are the ones specified for use in completing bankruptcy forms.

    We are a family of 3. So if you go to Section 2 and click the link you will see a chart: Collection Financial Standards for Food, Clothing and Other Items

    Looking at food for a family of 3 you will see $626 per month listed.

    I highlight this example specifically because we had never ever ever spent $626 a month on food. When i first did my calculations for the paperwork we had been living on maybe $400 a month for food. So thats what I put. Needless to say when I redid the paperwork for the Chapter 7 I amended my expenses with the higher allowed numbers. If they are going to allow me $626 a month for food, looks like we are gonna eat some steaks!

    Also included on that Trustee site is numbers for many other things. Cleaning supplies, clothes, medical expenses, and on and on. I would bookmark that bad boy you will wanna see it later.

    pmed8
    Filed Chapter 13 1/30/2008 Converted to Chapter 7 5/30/2008
    DISCHARGED 9/15/08
    Closed on new home 1/25/2012

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      #17
      your going to have to include her income in your means test, especially since you are unemployed and a stay at home parent. The trustee is going to figure someone is supporting you. I might be easier to get a part-time job to show at least some income. Then you would only need to take the part of her income that is contributed to the household. If your not working....then they are going to figure then it would be just her income. And if you are above the mean.........they you may be looking at a 13.........but that would be one heck of a test case......being forced into a 13 without a job.

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        #18
        Where did the money go? You may have to wait a while depending upon where you spent it.

        My husband and I are waiting over a year!

        Best of luck to you.

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          #19
          Originally posted by pmed8 View Post
          Official website of the U.S. Department of Justice (DOJ). DOJ’s mission is to enforce the law and defend the interests of the United States according to the law; to ensure public safety against threats foreign and domestic; to provide federal leadership in preventing and controlling crime; to seek just punishment for those guilty of unlawful behavior; and to ensure fair and



          pmed8
          Question - The "Collection Standards" for a family of four for apparel looks to be per month at $244, so is that the same duration as the National Standards, listing $996, or is the latter per year? Nine hundred per month seems excessive for a single month, but there is no way that is enough for four per year, especially with my two growing kids!

          Comment


            #20
            Originally posted by hnhlvr View Post
            Question - The "Collection Standards" for a family of four for apparel looks to be per month at $244, so is that the same duration as the National Standards, listing $996, or is the latter per year? Nine hundred per month seems excessive for a single month, but there is no way that is enough for four per year, especially with my two growing kids!
            Hi Hnhlvr,
            $996 seemed kinds excessive to me too, so I went to the IRS Living Standards homepage and found that it also states $244/month too. Where did you see $996? I want to go by those standards :0
            May 2008 Hired 1st Attorney/Stopped paying CCs
            May 21, 2009 Retained 2nd Attorney
            May 28th - Filed for Ch 7 (FINALLY!)
            9/11/09 - DISCHARGED!!!!

            Comment


              #21
              the 996 you see is food PLUS clothing per month

              They say your clothing can be up to X amount(752)

              food can be up to Y amount(244)

              and X+Y cannot be more than (752+244)=996

              make sense?


              I think this is to allow some leeway if you are over on one but under on the other but I don't know.

              Ask me something medical and I got it covered.

              Pmed8
              Filed Chapter 13 1/30/2008 Converted to Chapter 7 5/30/2008
              DISCHARGED 9/15/08
              Closed on new home 1/25/2012

              Comment


                #22
                Originally posted by pmed8 View Post
                the 996 you see is food PLUS clothing per month

                They say your clothing can be up to X amount(752)

                food can be up to Y amount(244)

                and X+Y cannot be more than (752+244)=996

                make sense?


                I think this is to allow some leeway if you are over on one but under on the other but I don't know.

                Ask me something medical and I got it covered.

                Pmed8
                Gotcha....mine lists the food and clothing catagory seperately, but when I added them up, it's $996.....
                May 2008 Hired 1st Attorney/Stopped paying CCs
                May 21, 2009 Retained 2nd Attorney
                May 28th - Filed for Ch 7 (FINALLY!)
                9/11/09 - DISCHARGED!!!!

                Comment


                  #23
                  Originally posted by liz417 View Post
                  Hi Hnhlvr,
                  $996 seemed kinds excessive to me too, so I went to the IRS Living Standards homepage and found that it also states $244/month too. Where did you see $996? I want to go by those standards :0

                  Official website of the U.S. Department of Justice (DOJ). DOJ’s mission is to enforce the law and defend the interests of the United States according to the law; to ensure public safety against threats foreign and domestic; to provide federal leadership in preventing and controlling crime; to seek just punishment for those guilty of unlawful behavior; and to ensure fair and


                  The second to last chart. . .the one I misread. Guess I was daydreaming. . .lol!

                  Comment

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