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Totally confused

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    Totally confused

    Here is my story.
    In september of 06 the compay I work for announced that they
    would move production from my plant in Ohio to Texas. We began working overtime to build inventory(Texas plant not built yet).
    In March of this year they put these plans on hold,but stated
    our plant would still close in near future. Already deep in debt I
    retained a lawyer and stopped paying my creditors in May. I waited to file until now because of overtime in January and Feburary. I am still unable to file chapter 7 because my disposable
    income is too high. My lawyer says he cannot file a 13 either because of the uncertain future of my job.
    Here is the real kicker.
    I have been called for jury selection in Federal court on Sept. 6
    My lawyer tells me if selected for lengthy trial he will be able to
    get me in a chapter 7. I obviously will not have income during
    trial but will be paid by courts and my company after jury service.
    Does this make any sense? How am I now eligible for chapter 7?
    Our plant manager has been unable to confirm our closure date. Best guess is end of calendar year for notification and May 31 (end of fiscal year) for closure. I may be able to transfer but
    do not really want to make a move that distance. Hence the desire to file chapter 7.
    Last edited by enditall; 09-04-2007, 10:27 AM.

    #2
    Can you hold on until you get laid off? As soon as enough months go by for you to fall below the median, you will qualify for chapter 7......the more important question for you willl be future employment. How does that look?
    Filed Business Chapter 7: 7/11/07
    341 Meeting: 8/8/07 Asset Case
    US Trustee reviewed case/resolved 9/14/07
    Discharged: 10/11/07 Closed: 11/2/08

    Comment


      #3
      Many of my credit card accounts have already gone to collections. I expect lawsuits to be filed in the near future.
      I will not be able to find a job that pays as well. I do not want
      to quit until I know for certain the future of my local plant.
      Without this job I will not be able to fund a 13 repayment plan.
      The stress of waiting is extremely annoying. I don't think I can
      hold off my creditors any longer. I am really uncertain how
      jury duty can qualify me for a 7 since I will eventually get paid.
      Any insight on this situation? Tia

      Comment


        #4
        Originally posted by enditall View Post
        I am really uncertain how
        jury duty can qualify me for a 7 since I will eventually get paid.
        Any insight on this situation?
        Employers typically pay a reduced jury duty rate if they pay you anything while you're on jury duty that lasts more than a week. Most people use their vacation and leave time to keep sufficient income flowing in until the trial is over. You wouldn't want to do this - you WANT your income to drop for a lengthy period except for the pittance the state pays you for each day you're on jury duty. This will lower the amount of income you earn over the six-calendar-month lookback before your filing date to below the median for Ohio for your family size. At least this is what your lawyer is banking on.

        Frankly the chances of you being picked for a months-long jury assignment even in federal court is small. I would be pulling together a Plan B with your lawyer to deal with what you are going to do if you don't get picked for a lengthy trial since it's the more far likely option to happen.

        One Plan B scenario is to get a job that pays just enough to keep the assets you want (if any) while your creditors and collectors take you to court for judgments until your six-month-lookback income drops below the Ohio median so you can file Ch 7. Once you reach that point, then wipe out what you owe on the judgments when you file Ch 7 bankruptcy. After that, you're free to get the job you would really like to have for the long term.

        You're in a tough spot - sure wish we could do more for you than offer suggestions Hang in there - we're here to listen and for venting whenever you need us.
        Last edited by lrprn; 09-04-2007, 01:37 PM.
        I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

        06/01/06 - Filed Ch 13
        06/28/06 - 341 Meeting
        07/18/06 - Confirmation Hearing - not confirmed, 3 objections
        10/05/06 - Hearing to resolve 2 trustee objections
        01/24/07 - Judge dismisses mortgage company objection
        09/27/07 - Confirmed at last!
        06/10/11 - Trustee confirms all payments made
        08/10/11 - DISCHARGED !

        10/02/11 - CASE CLOSED
        Countdown: 60 months paid, 0 months to go

        Comment


          #5
          I am already below the median for Ohio. However my expenses
          are very low. My vehicle is paid for and my rent payment is low.
          My lawyer says he has worked the numbers as much as possible.
          I only have unsecured cc debt. I have no assets except for the vehicle and household furnishings.
          I assume that if selected for jury I would have to file before
          my next full paycheck. The lawyer has been paid,However I
          would need the filing fee. I may need to start begging to relatives! The shame and guilt of my irresponsible behavior is
          keeping me from informing anyone of my situation. The stress
          of my uncertain employment future is adding doubt that I can
          do anything to help myself. I honestly feel whatever I do will
          be wrong and make matters worse. How is that for venting?

          Comment


            #6
            Being stuck in limbo like that really has to suck.
            What makes you think your creditors are getting close to doing something?
            I live in Ohio, and quit paying mine in March. Haven't even got the slightest hint of them going to court yet.

            So, you are under the median, but have too much disposable income.
            How much too much?
            7/01/10 - filed!
            11/20/10 - discharged and closed

            Comment


              #7
              If you paid everyone up until may this year your okay probably until at least the end of this year before they start any court proceedings. I assume your lawyer is taking your calls from them.

              At least your lawyer is being on the level some probably would have filed your chapter 13 then converted it to a chapter 7 after you lost your job and pocketed the money.

              Any expenses the lawyer and you might have overlooked?

              Vehicle Maintenance
              Taxes
              Anything at all?

              Maybe look back over his list or yours and let us know what areas you've got, maybe we can think of something you haven't.

              I know this sounds silly but what is your rental arrangement?

              Hey I let my debts control me for a long time, I know fully well the emotional and mental trauma that they can bring. I wouldn't worry about the creditors filing suits until at least November and December, probably most not until next May (I guess the one that started on me just before I filed I hadn't paid in almost a year, maybe more).

              Hang in there, we'll support you how we can here
              May 31st, 2007: Petition Filed by my lawyer
              July 2nd, 2007: 341 Meeting Held
              September 4th, 2007: Discharged and Closed.

              Comment

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