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    #1

    Means test questions

    Hello. I'm from Indiana and am considering filing bankruptcy. My husband and I joint income exceeds the Indiana limit for Chapter 7 but I believe we may qualify under the means test but have a few questions if someone could help.

    1. We have one car and two motorcycles. Can I claim the 2 or more vehicles on the means test.

    2. I have a court order to receive child support from my ex husband however he does not pay it. He is now $11,000 behind on his support and has not been paying for some time. Do I have to claim my child support since it says "regular contributions such as child support". They are not regular....they do not exist.

    Thanks in advance for your help. These items will determine how we proceed and if we file.
    Tags: None
    #2
    On the child support: Make sure to inform your attorney, if you have one, or the trustee. I believe child support is usually exempted, but the court may be able to muscle your ex into paying, for your benefit. In any case, you should pursue it. Deadbeat dads (and moms) are near the top of my personal most-hated list.
    11-20-09-- Filed Chapter 7
    12-23-09-- 341 Meeting-Early Christmas Gift?
    3-9-10--Discharged

    Comment

      #3
      Do you have loans for the car & motorcycles?
      Stopped Payings CC's: 8/14/2009 | Retained Attorney: 9/23/2009 | Filed CH 7: 12/7/2009 | 341 Meeting: 1/21/2010 - Complete | Discharged: 4/9/2010
      "One person pretends to be rich, yet has nothing; another pretends to be poor, yet has great wealth."

      Comment

        #4
        Yes we have loans on the Durango and one of the motorcycles. The other is paid off but only worth $5,000 so I'm not worried about losing any of them. What I need to know is if on the means test I can claim the allowance for 2 or more vehicles. Basically does the motorcycle count as a vehicle on the means test? Since we only have one vehicle and they allow 1 per licensed driver I think it does but wanted to verify. This will determine if we can do chapter 7 or have to go 13.

        Comment

          #5
          I wonder if the trustee will accept a bike as a "mode of transportation" when the snow falls? You might want to ask a attorney from your area that question, because I doubt you could say the bike is needed for transportation to work when it snows and you can't ride the bike.

          Just a thought, I wish you the best.
          8-07-09-filed Chapter 7
          11-18-09-DISCHARGED!!

          Life is not what challenges you face, but how you face those challenges.

          Comment

            #6
            You most definitely can ride a bike in the snow....same as a car. We ride year round. However it is not used to get to/from work. My husband has a work van. But it is used to run the kids around. Does the mean's test specify to/from work? It just says transportation expenses for one vehicle or two or more. I guess I won't know until I get an attorney.

            Comment

              #7
              I would think it counts as a vehicle. Maybe someone else can tell you if they claimed a motorcycle. Have you had a free consult with an attorney?
              Stopped Payings CC's: 8/14/2009 | Retained Attorney: 9/23/2009 | Filed CH 7: 12/7/2009 | 341 Meeting: 1/21/2010 - Complete | Discharged: 4/9/2010
              "One person pretends to be rich, yet has nothing; another pretends to be poor, yet has great wealth."

              Comment

                #8
                Originally posted by justhc View Post
                Hello. I'm from Indiana and am considering filing bankruptcy. My husband and I joint income exceeds the Indiana limit for Chapter 7 but I believe we may qualify under the means test but have a few questions if someone could help.

                1. We have one car and two motorcycles. Can I claim the 2 or more vehicles on the means test.

                2. I have a court order to receive child support from my ex husband however he does not pay it. He is now $11,000 behind on his support and has not been paying for some time. Do I have to claim my child support since it says "regular contributions such as child support". They are not regular....they do not exist.

                Thanks in advance for your help. These items will determine how we proceed and if we file.
                I was told by my lawyer that the child support is exempt because it doesn't belong to me, it belongs to my child. My ex owes 13k and hasn't paid a dime in 3 years so I understand. Not to mention theres no chance in hell that he's gonna pay it anytime soon.
                Filed Ch7 10/14/09 - 341 11/23/09
                Last day for objections 1/22/2010
                Discharged!!! 1/25/2010
                Closed! 1/28/2010

                Comment

                  #9
                  Originally posted by LimpDisc View Post
                  I would think it counts as a vehicle. Maybe someone else can tell you if they claimed a motorcycle. Have you had a free consult with an attorney?
                  Not yet but I'm going to call today and set up an appointment.

                  Comment

                    #10
                    Originally posted by readytofile View Post
                    I was told by my lawyer that the child support is exempt because it doesn't belong to me, it belongs to my child. My ex owes 13k and hasn't paid a dime in 3 years so I understand. Not to mention theres no chance in hell that he's gonna pay it anytime soon.
                    Yep...my ex only claimed $5,000 on his tax return last year so no chance in hell he's going to start paying. Hell if he'd just pay me I wouldn't have to file! I hate that he still has control over my life. But thanks for the info...that makes me feel better!

                    Comment

                      #11
                      [QUOTE=justhc;340156]Yep...my ex only claimed $5,000 on his tax return last year so no chance in hell he's going to start paying. Hell if he'd just pay me I wouldn't have to file! I hate that he still has control over my life. But thanks for the info...that makes me feel better![/QUOTE

                      My ex has NEVER paid taxes. He's always worked under the table. They don't even have a record under Social Security because he's never paid into it at all. We have absolutely no recourse whatsoever. There's been a bench warrant out for him for almost 3 years for not showing to child support court. They know where he is but in 3 years the sheriff just hasn't gotten around to picking him up
                      Filed Ch7 10/14/09 - 341 11/23/09
                      Last day for objections 1/22/2010
                      Discharged!!! 1/25/2010
                      Closed! 1/28/2010

                      Comment

                        #12
                        [QUOTE=readytofile;340171]
                        Originally posted by justhc View Post
                        Yep...my ex only claimed $5,000 on his tax return last year so no chance in hell he's going to start paying. Hell if he'd just pay me I wouldn't have to file! I hate that he still has control over my life. But thanks for the info...that makes me feel better![/QUOTE

                        My ex has NEVER paid taxes. He's always worked under the table. They don't even have a record under Social Security because he's never paid into it at all. We have absolutely no recourse whatsoever. There's been a bench warrant out for him for almost 3 years for not showing to child support court. They know where he is but in 3 years the sheriff just hasn't gotten around to picking him up
                        Don't ya love it? Of course if you quit taking care of your child they'd lock you up for neglect i a heartbeat. My ex owns a catering company. He makes way more than $5,000 but that's all he pays himself in salary so they can't do anything about it. It's so frustrating!

                        I was able to verify with an attorney that the motorcycle can be counted as a second vehicle for transportation expenses. He was not clear on the child support but we are setting up a consult. I'll keep you updated.

                        Comment

                          #13
                          [QUOTE=justhc;340178]
                          Originally posted by readytofile View Post

                          Don't ya love it? Of course if you quit taking care of your child they'd lock you up for neglect i a heartbeat. My ex owns a catering company. He makes way more than $5,000 but that's all he pays himself in salary so they can't do anything about it. It's so frustrating!

                          I was able to verify with an attorney that the motorcycle can be counted as a second vehicle for transportation expenses. He was not clear on the child support but we are setting up a consult. I'll keep you updated.
                          My ex owned his own roofing company so I understand completely. They looked over his bank account and set his child support at $39/week! LOL
                          Filed Ch7 10/14/09 - 341 11/23/09
                          Last day for objections 1/22/2010
                          Discharged!!! 1/25/2010
                          Closed! 1/28/2010

                          Comment

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