Hello everyone,
I'm new here and first off i'd like to say thanks to all of the great contributors to this site that have helped make a daunting task a bit less confusing.
I have searched the forums and read up pretty well on umployment benefits and means test calculation, and in my present situation here in California, my wife and I are currently unable to file chapter 7 because the unemployment benefits I have been receiving put us over the median income amount for CA. Passing the calculated means test itself is not an option according to an attorney because our 2nd mortgage is silent and held privately by the city and doesn't require payments, and would not be included in the calculation.
Currently our plans are to try and pay off my car with the rest of my 2nd unemployment extension, because I only owe 1000$ and it's only worth 4000$ I figured it could be kept under chapter 7. After I stop submitting a repeat claim form and don't apply for the 3rd extension of unemployment our plan was to try and live for about 3-4 months at which time we would stop paying our mortgage and unsecured debts in order to have enough money for BK filing and attorney fees.
My question is do i have to accept 3rd extension unemployment benefits, and will this be held against me by the trustee? My fear is that median income numbers will drop for CA and if we continue to delay by receiving unemployment benefits we will be slightly over the median and unable to file.
I am deeply troubled by this possibility because in our current situation, we are unable to put any money into savings because of unsecured debts and have $0 savings.
Any help would be greatly appreciated.
I'm new here and first off i'd like to say thanks to all of the great contributors to this site that have helped make a daunting task a bit less confusing.
I have searched the forums and read up pretty well on umployment benefits and means test calculation, and in my present situation here in California, my wife and I are currently unable to file chapter 7 because the unemployment benefits I have been receiving put us over the median income amount for CA. Passing the calculated means test itself is not an option according to an attorney because our 2nd mortgage is silent and held privately by the city and doesn't require payments, and would not be included in the calculation.
Currently our plans are to try and pay off my car with the rest of my 2nd unemployment extension, because I only owe 1000$ and it's only worth 4000$ I figured it could be kept under chapter 7. After I stop submitting a repeat claim form and don't apply for the 3rd extension of unemployment our plan was to try and live for about 3-4 months at which time we would stop paying our mortgage and unsecured debts in order to have enough money for BK filing and attorney fees.
My question is do i have to accept 3rd extension unemployment benefits, and will this be held against me by the trustee? My fear is that median income numbers will drop for CA and if we continue to delay by receiving unemployment benefits we will be slightly over the median and unable to file.
I am deeply troubled by this possibility because in our current situation, we are unable to put any money into savings because of unsecured debts and have $0 savings.
Any help would be greatly appreciated.