Filling Pro Se some questions

[jjgrady]

I am going to file prose Chapter 7. I have a couple questions maybe someone can lead me to the right place.

1. I lost my job last year making 110k, This year my spouse and I will have combined income of 35k. My states Median for a Fam of 4 is 100+k a year. Do I HAVE to fill out the means test? Or just state the below median?

2. My current income is from (1) VRAP Program (1564.00/mo) Veterans Retraining Program tax free, (2) A monthly payment of $297.00/mo from former employer, (3) Food delivery (150.00/mo) (4) 840.00/mo spouse income.
- IS ANY OF THIS EXEMPT? Including a one time refund from my school PELL GRANT 3952.00?

3. I owe Fed Taxes about 4k, and also have student loans - are these listed as PRIORITY debt?

Thanks in advance!

[LadyInTheRed]

Welcome to bkforum!

You'll need to fill out portions of form B22A (the means test). Just follow along with the instructions on the form to determine what portions to complete.

The monthly payment from your former employer and your spouse's income should definitely be included. I don't know about the others. Try reading the committee notes to the form. http://www.uscourts.gov/uscourts/Rul...N_cum_1210.pdf If that doesn't help, you may have to read the bankruptcy code which you should familiarize yourself with anyway.

It may be difficult to find a clear answer to the income question. Have you taken advantage of a couple of free consultations with BK attorneys? That is a good way to get answers to these kinds of questions. They don't have to know you plan to file pro se. Also, check to see if your court has a pro-se clinic where you can ask questions.

[justbroke]

Income is rather easily defined in the bankruptcy code (in 11 USC 101 under "current monthly income"). It is literally, ALL "regular" income received from all sources, regardless of taxability. The only exceptions are payments from or related to the Social Security Act and certain obscure war crimes (which include terrorism related income/payments).

You used the word "exempt" when referring to income, and that's not the word you would use for income. Income is used to determine whether you are below/above the median income. It also used for calculation of the disposable monthly income (DMI) when you are over-the-median. As already stated, you still need to complete a portion of the Means Test (B22A).

Federal taxes are priority debt. Student loans are not considered priority debt (they are just general unsecured debt).

You should really obtain a guidebook, such as NoLo's guidebook, or seek some free consults. Additionally, you should find out whether your District offers any Pro Bono or Pro Se clinics.

[jjgrady]

If I am correct here... I qualified for the Pell Grant do to the fact that my Veterans Retraining Assistance Program dollars could not count toward my income because it is a Veterans Benefit. Reading at Nolo,

the site states that in Mass, Veterans Benefits are exempted as income under the state exemptions.... So im guessing to not add my 1564 in VRAP benefits as income?

[justbroke]

You misunderstand what I wrote. The bankruptcy code does not differentiate or use the word "exempt" when defining what is "current monthly income" (CMI). The only things excluded are those items I listed above; which include war crime (or terrorism) payments and payments derived form the Social Security Act. Unless your Veteran Benefit is a benefit derived from the Social Security Act, then it is "income" for purposes of the bankruptcy code (and Means Test).

I think the key is that the word "exempt" appears that it would exclude the income, but the CMI is derived differently. Only that income that is specifically "excluded" would not count (not simply being "exempted" is enough to "exclude" it). Exemption is something different. Exemption has to do with whether someone can attach that income for purposes of judgments. In this case, your Veteran Benefit would be exempt from attachment, but not "excluded" as income for purposes of the Means Test. (Unless you claim that the VRAP benefit is derived form the Social Security Act.)

You will need to make that determination yourself or ask during a free consultation as to whether VRAP is "excluded" under the means test. (You need to use the word excluded and not exempted since exemption is something different.)

I would look up the difference between an exemption and what is "income" under the Means Test (the CMI).

[jjgrady]

I see, looking closely it looks like I do list it. I do believe it will be a NON issue though seeing that our combined income is below what a single person in my states median would be.

[jjgrady]

Looking closely at Schedule I, income sheet. Looks like line 13 "other income" is where I should probably put Veterans Benefits then amount 1564.00 / Only proof of this payment is my bank statement which says direct deposit VAED 1564.00

[LadyInTheRed]

Looking closely at Schedule I, income sheet. Looks like line 13 "other income" is where I should probably put Veterans Benefits then amount 1564.00 / Only proof of this payment is my bank statement which says direct deposit VAED 1564.00

It also needs to go on the means test if it is not excluded from CMI.

[jjgrady]

It also needs to go on the means test if it is not excluded from CMI.

Thank you!