Talked 2 lawyers... said I can't do a Ch. 7
Many of you told me to talk to a BK lawyer... well, I finally talked to two of them telling them that I desperatly need to file a Ch. 7. One on the phone and one in person. I have another meeting scheduled next month with a 3rd lawyer.
The guy I met in person said that I could not go over the median income. I told him that I have business expenses. He said that it does not matter. It goes by the "gross" income. He said the judge would throw it out. Many lawyers I talked to do not do or do not want to do the means test.
After looking at the past several bank statements, here is the "net" and "gross" income. Some of it is my gross and some months me and my wife had day jobs which made the income go higher. The highest income was when we got the $1200 relief check from the IRS. He said the trustee will look at all of my past 6 bank statements. If he does, this is the income he will see for deposits:
August 08: $5547
July 08: $8622
June 08: $6333
May 08: $9092 ($1200 deposit from IRS)
April 08: $5539
March 08: $3585
------
February 08: $5749
January 08: $6906
We're in Florida and the median household income is about $50,300/yr. Based on our past 6 months income, we're almost $20,000 over the means test.
Me and my wife had jobs in the beginning of the year. Then my wife's mother came down with cancer and I was in the hospital. Both of us have been unemployed for a while after this time. My wife just went back to work. She'll gross maybe $1200/mo. I will gross maybe $4000/mo. at the most. Our monthly bills not including putting money away into any kind of IRA or savings is about $6,000 per month (also not including that $31,000 hospital bill). We need to "NET" $6,000 to break even. So what I have been doing all year is instead of putting money away for my self-employment taxes for my home business, I've been paying creditors. Now we'll end up filing taxes in 2009 and I will have only $1,000 that I paid in taxes all year. I will owe a good $7,000 or so. Then I will have to start paying taxes next year and pay this years taxes... so I'll be looking at a good $1,000+ per month in taxes next year. We need to file Ch. 7 badly but can't. We have well over $150,000+ in debt that I want to file on and can't because of this new stupid law. What do I do?!?!?
My income is generated from multi-level-marketing income (similar to Amway, Herbalife, Shacklee, etc.). I do not have a day job. I can't control what the income will be. Sometimes it can be $5,200. Sometimes it can be $2900. Plus I can easily pay $500/mo. in marketing to keep that check coming.
Like this month, I made $3900. We spent every penny of it in 4 days through the electronic bill pay on BOA. Now that the money is gone, I don't get paid again until the 15th of the following month. We have a lot of bills coming up such as the car insurance, electric, gas for the cars, etc. and don't have the money to cover it. We're at the point that after paying creditors, we can't even eat. And now I have this $31,000 hospital bill that came today and they say they want to send me to collections. I have no means of paying this bill, my taxes, or any emergency around the house... say if the A/C were to die or the car to break down. I am at my wits end. I just want to file Ch. 7 and give everything back and start over.
Sometimes when we really fell short, my wife's mother would deposit money in our account to keep as afloat, but sadly, she died of cancer a few weeks ago.
If we didn't have all of this debt and only paid a mortgage, we'd be living really good on $3900! Ya think?
We're drowning - HELP!!
The guy I met in person said that I could not go over the median income. I told him that I have business expenses. He said that it does not matter. It goes by the "gross" income. He said the judge would throw it out. Many lawyers I talked to do not do or do not want to do the means test.
After looking at the past several bank statements, here is the "net" and "gross" income. Some of it is my gross and some months me and my wife had day jobs which made the income go higher. The highest income was when we got the $1200 relief check from the IRS. He said the trustee will look at all of my past 6 bank statements. If he does, this is the income he will see for deposits:
August 08: $5547
July 08: $8622
June 08: $6333
May 08: $9092 ($1200 deposit from IRS)
April 08: $5539
March 08: $3585
------
February 08: $5749
January 08: $6906
We're in Florida and the median household income is about $50,300/yr. Based on our past 6 months income, we're almost $20,000 over the means test.
Me and my wife had jobs in the beginning of the year. Then my wife's mother came down with cancer and I was in the hospital. Both of us have been unemployed for a while after this time. My wife just went back to work. She'll gross maybe $1200/mo. I will gross maybe $4000/mo. at the most. Our monthly bills not including putting money away into any kind of IRA or savings is about $6,000 per month (also not including that $31,000 hospital bill). We need to "NET" $6,000 to break even. So what I have been doing all year is instead of putting money away for my self-employment taxes for my home business, I've been paying creditors. Now we'll end up filing taxes in 2009 and I will have only $1,000 that I paid in taxes all year. I will owe a good $7,000 or so. Then I will have to start paying taxes next year and pay this years taxes... so I'll be looking at a good $1,000+ per month in taxes next year. We need to file Ch. 7 badly but can't. We have well over $150,000+ in debt that I want to file on and can't because of this new stupid law. What do I do?!?!?
My income is generated from multi-level-marketing income (similar to Amway, Herbalife, Shacklee, etc.). I do not have a day job. I can't control what the income will be. Sometimes it can be $5,200. Sometimes it can be $2900. Plus I can easily pay $500/mo. in marketing to keep that check coming.
Like this month, I made $3900. We spent every penny of it in 4 days through the electronic bill pay on BOA. Now that the money is gone, I don't get paid again until the 15th of the following month. We have a lot of bills coming up such as the car insurance, electric, gas for the cars, etc. and don't have the money to cover it. We're at the point that after paying creditors, we can't even eat. And now I have this $31,000 hospital bill that came today and they say they want to send me to collections. I have no means of paying this bill, my taxes, or any emergency around the house... say if the A/C were to die or the car to break down. I am at my wits end. I just want to file Ch. 7 and give everything back and start over.
Sometimes when we really fell short, my wife's mother would deposit money in our account to keep as afloat, but sadly, she died of cancer a few weeks ago.
If we didn't have all of this debt and only paid a mortgage, we'd be living really good on $3900! Ya think?
We're drowning - HELP!!
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