Well under Means test but still too much disposable income?

[poorold]

thanks floridian,

just did my first pass at Schedule J and I don't think excess cash left over at month's end is going to be a problem.

I did not realize they could put you into a 13 if you fell below the median income.

[SocalBroke]

When we stopped using our Credit Cards, money was kind of tight for the 1 1/2 months. By then, you get a 'feel' of things. Start keeping receipts for Everything. Several have posted the more Paperwork you give the Trustee the better. I have an Excel Spreadsheet for each month and it is has columns for Utilities, Gas, Groceries, Medical Bills, hubby's OTR Truck Driving Expenses and a Misc. column. I print it out each month and staple all the receipts to it. I had to buy a Big Stapler as the Truck expenses are thick.

funny you said that because I thought of doing that last night while laying awake in bed (it's becoming a common occurrence). On my way home from work today I bought a 13 section pendaflex and am going start saving EVERY receipt and listing it in a spreadsheet. It'll give me a much better idea of actual expenses and might come in handy if I do have to postpone filing. Getting my partner to do it is a little trickier but he's going along with it just to keep me occupied. At least I feel like I am doing something instead of just waiting for a call from the lawyer. Hmm, now all I gotta do is figure out what 'category' the receipt for the pendaflex goes in ;)

[LuciluS]

funny you said that because I thought of doing that last night while laying awake in bed (it's becoming a common occurrence). On my way home from work today I bought a 13 section pendaflex and am going start saving EVERY receipt and listing it in a spreadsheet. It'll give me a much better idea of actual expenses and might come in handy if I do have to postpone filing. Getting my partner to do it is a little trickier but he's going along with it just to keep me occupied. At least I feel like I am doing something instead of just waiting for a call from the lawyer. Hmm, now all I gotta do is figure out what 'category' the receipt for the pendaflex goes in ;)

Category for me is "Office Supplies" or "Bankruptcy Supplies". No, you cannot deduct Attorney Fees; however, I have spent alot on Printer paper and Ink, as I've printed a copy of how much certain furniture was selling for from Ebay, Craigslist or by using Google. I have a lot of 'old furniture' & I wanted backup for the amount I used as Assets. For example, I have an old Secretary (large piece of furniture) & I found where it was sold on Ebay for $61! So I listed it as $75.

I think I've got about 50 pages to document my 'old furniture'. It was quite a shock to find out my old furniture and a big set of old china & canister set wasn't worth much at quick sale value. We have 2 twin size Craftmatic beds that were sold for $250 a piece on Craigslist. We purchased them 6 yrs. ago for $6,700. Hubby and I, both, have had back surgery & those beds sure have helped us.

Luci

[SocalBroke]

Woot!

Just got an email from my lawyer. He said based on his calculations, I will qualify for a chapter 7 I know this is far from a done deal but he does seem to know what he's doing and the fact that he is a professional definitely eases my mind a little. Next stop 341, wish me luck!

Wayne

[danaf]

whoa nelli.

How did you go from having $400 per mo in disposable income PLUS living with your partner who is most likely sharing expenses with you to qualifying for a 7? Did I miss something?

Be very careful here - just because your lawyer is a lawyer does not mean he is ethical. I just don't want to see you get screwed by someone because you think he's out for your best interest. He should be but more than often it's about the almighty dollar. All you have to do is dive deep into this forum to find the many posts about bk mill lawyers and how they have hurt bk filers. At the end of the day - it's your petition - your responsibility. Once you file, it doesn't become null and void based on bad advice from an attorney.

Idealy - for you to qualify - you should have less than $100 disposable income per month. AND hate to say it - but your partners income and contributions will play a factor. You don't need to be married. And it doesn't matter if one is gay or straight. All it takes is someone sharing in the expenses whether it be a boyfriend, girlfriend, or family member.

If it were me in your situation - I'd wait a while longer and do some more planning. There are ways around these two issues and you can qualify for a 7with more careful planning....and that would be not having more than $100 in disposable income per month (the less from $100 the better), and not having someone sharing the expenses. What matters are the papers - bank account statements showing what you pay, a lease with just your name on it....get the picture? BK is a financial audit backed up by proof. If your rent is 600 a month and your bank statements only show 300 going out for it, that will be a HUGE problem. Who's to say that you and your partner won't break up and then you wouldn't have the disposable income you have now?

Hopefully you didn't give him a retainer. And if you did, you might just want to walk away and tell him you decided not to file.

Don't let your desire to want to get this over with as quickly as possible over rule the possible consequences of these two issues which can be easily remedied. You need to know for sure that when you go into this that there will be NOTHING the trustee can question. Remember, you get what you pay for. 2k or whatever he is charging you to fill out a petition (which his paralegal will do anyway) is a lot to you but not to him. Being in the legal profession myself, 2k is not enough to trust any attorney and most especially a bk attorney.

I say these things to help you, not hurt you. Patience, learning, and planning will be your friends when it comes to bk.

[liz417]

Just got an email from my lawyer. He said based on his calculations, I will qualify for a chapter 7 I know this is far from a done deal but he does seem to know what he's doing and the fact that he is a professional definitely eases my mind a little. Next stop 341, wish me luck!

Wayne

I'm glad your attorney took a closer look at your expenses, it would suck to be stuck in a 3-5 year repayment plan. Good Luck!

[SocalBroke]

whoa nelli.

How did you go from having $400 per mo in disposable income PLUS living with your partner who is most likely sharing expenses with you to qualifying for a 7? Did I miss something?

Be very careful here - just because your lawyer is a lawyer does not mean he is ethical. I just don't want to see you get screwed by someone because you think he's out for your best interest. He should be but more than often it's about the almighty dollar. All you have to do is dive deep into this forum to find the many posts about bk mill lawyers and how they have hurt bk filers. At the end of the day - it's your petition - your responsibility. Once you file, it doesn't become null and void based on bad advice from an attorney.

Idealy - for you to qualify - you should have less than $100 disposable income per month. AND hate to say it - but your partners income and contributions will play a factor. You don't need to be married. And it doesn't matter if one is gay or straight. All it takes is someone sharing in the expenses whether it be a boyfriend, girlfriend, or family member.

If it were me in your situation - I'd wait a while longer and do some more planning. There are ways around these two issues and you can qualify for a 7with more careful planning....and that would be not having more than $100 in disposable income per month (the less from $100 the better), and not having someone sharing the expenses. What matters are the papers - bank account statements showing what you pay, a lease with just your name on it....get the picture? BK is a financial audit backed up by proof. If your rent is 600 a month and your bank statements only show 300 going out for it, that will be a HUGE problem. Who's to say that you and your partner won't break up and then you wouldn't have the disposable income you have now?

Hopefully you didn't give him a retainer. And if you did, you might just want to walk away and tell him you decided not to file.

Don't let your desire to want to get this over with as quickly as possible over rule the possible consequences of these two issues which can be easily remedied. You need to know for sure that when you go into this that there will be NOTHING the trustee can question. Remember, you get what you pay for. 2k or whatever he is charging you to fill out a petition (which his paralegal will do anyway) is a lot to you but not to him. Being in the legal profession myself, 2k is not enough to trust any attorney and most especially a bk attorney.

I say these things to help you, not hurt you. Patience, learning, and planning will be your friends when it comes to bk.

First off, thanks! trust me, I will reread your post several times to make sure I am TOTALLY comfortable with the schedules before I sign the dotted line...
There are a couple of things which I think may account for the difference in figures from my original post and I welcome any comments regarding them:

1) I am in a California same sex marriage and my lawyer feels (strongly, even if it was to me detriment) that while DOMA precludes same sex marriages, California state law does allow me (in fact requires me) to file as married but filing single which allows me to include his expenses also.

2) He did adjust several figures which were WAY off. I figured that out once I started actually keeping a spreadsheet and saving receipts. Once of the biggest differences was in food, it's amazing how far off I was.

3) I did check the lawyer out with the BBB and he has had no complaints, trust me, I understand that is FAR from a guarantee, but it does help a little.

4) I am not sure if this is a positive or a negative but I am only paying him filing and copying fees, the rest is being paid through insurance I get through work. He is part of the Hyatt Legal Plan/MetLegal. Any comments regarding these plans would be appreciated.

I have to admit, I would LOVE to get this over with as soon as possible but really don't want to blow it in my rush to get it done.

[danaf]

okay - but remember - BK is Federal jurisdiction, not state jurisdiction. So I really think your case requires more research.

Should make for an interesting benchmark though insofar as same sex marriages and bk goes.