Worried about case being dismissed (((long-sort of))
First of I would like to say this forum has been invaluable and beneficial to me.
To give you some background, I filed my chapter 7 case on Oct 8, 2008-pro se. My total debt is $22,000, 12,000 is credit cards, 2000 is payback of public assistance benefits, and 8,000 is student loans. I am 36 years old..
I filed for bankruptcy in 1998, then I had 35,000 in credit card debt. In 2006, I paid off ALL of my credit cards, paid about 7000 or 8000 dollars. I included with my petition the credit card statements from 2 years ago to show I was paying my debts in full, and NOT abuseing the system by having to file now.
In 2006, the income I had was 4,600 from unemployment and withdrawing my state retirement, since I couldn't keep it in there because of being laid off. I was laid off from my job in late 2005, where I made about 10,200 for the year.
In 2006 I was searching for employment and couldn't find anything, I was on ALOT of interviews, in 2007 the same for that year- unemployed except for about $900 in income from self-employment and another thing. During this time I was living of the credit cards, I TOTALLY INTENDED TO PAY THESE GUYS BACK WHEN I GOT EMPLOYMENT. I WAS ALSO ON ALOT OF INTERVIEWS, BUT NO JOB OFFERS..
My past could be a problem when I am searching for employment,(NO IT IS NOT A CRIMINAL PAST, or a job hoping past either, it sort of relates to discrimation factors..
Anyway, when 2008 started I was still living off the credit cards, I WAS NEVER EVER LATE ON A PAYMENT to them until September and October of 2008. When the year started in 2008, if you would have mentioned that I would be in a bankruptcy toward the end of the year, I would have laughed at you, because I was determined not to repeat of what happened ten years ago.
I kept paying on all of my credit cards until my bank account was almost down to 500.00..I have no cars or house, NOTHING of value,literally...
Now keep in mind in May, I had to go on foodstamps and also had to go onto the State of Colorado-Aid to the Needy Disabled program-the AND program provides me with about 230.00 a month, while my rent and expenses are a total of 447.00. I stopped using my cards in early May-July, only 2 cards were run up in July, , but I still paid on them, until this month of October. My SSI is pending, but I was told that could take quite a while to get approved, I am almost homeless, but not quite yet..........
My question is: I know that I am way below the means test limit, but these days it seems a bankruptcy trustee would dismiss your case for whatever reason.
I am wondering if I need to be worried about the trustee dismissing my case because of the totality of circumstances clause or the bad-faith filing clause or the voluntary unemployment clause- that was used in the following bankruptcy case:re Richie, 353 B.R. 569 (E.D. Wis. 2006), since a case could be dismissed for abuse, not for substantial abuse like back in the pre oct 2005 days??Even though I was actively searching for employment...
I would most certainly pay these guys back, if I could, and I used all of my resources, until it got to the point of either paying them or being homeless, with nothing..
Would the trustee or the court look at the action I did in 2006? That I intended to pay these guys back , when I started to use my cards again, after I paid them off, or would it get dismissed.
With what I am reading these days, trustees seem to be very very more strict these days, I know it is because of BAPCPA.
Anyway advice that you can offer, will be helpful..VERY STRESSED ABOUT THIS AND WORRIED, even though I intended to pay these guys back and was looking for employment until i became disabled in may 2008...
Melissa
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