More questions

[Mom2one]

Hi

We are seeing a new attorney on the 23rd. I have a few questions I wanted to run by everyone before I go. My hubby claims my son and I on his taxes, we get around a 2K refund every year, will they add that in to his 6 month income? Also I realized that there is an extra pay in October as we get paid every 2 weeks. I take it that will get added in as well? I am just mad, as I have accepted we have to file bankruptcy, but its really not fair that they make it seem like we bring home more than we actually do you know??? Does this make any sense?

Thanks
Christine

[AngelinaCat]

Hi

We are seeing a new attorney on the 23rd. I have a few questions I wanted to run by everyone before I go. My hubby claims my son and I on his taxes, we get around a 2K refund every year, will they add that in to his 6 month income? Also I realized that there is an extra pay in October as we get paid every 2 weeks. I take it that will get added in as well? I am just mad, as I have accepted we have to file bankruptcy, but its really not fair that they make it seem like we bring home more than we actually do you know??? Does this make any sense?

Thanks
Christine

Hi Mom2one: From what I have read in other threads, the trustee may well include the refund as income. The extra week in October I don't believe will be a problem if you and he are salaried. The total amount is averaged out through the year, and while the extra week looks like a bonus, it really isn't. Your income tax returns and pay stubs should bear that out.

Now, if there is overtime involved, that is a horse of another color. There are several other threads running here discussing OT and how to handle it, claim it, work it, not work it, etc.

There are also issues involved if someone has given you a cash gift, or loan, or do as we did and sell a mortgage note to pay bills, that our attorney knew about but failed to put into our paperwork--which may get us dismissed.

Be sure that you and your husband are comfortable with this attorney and that he/she knows what they are doing. There are many horror stories here of incompetent and just plain bad attorneys--our own included. If possible, I would ask some of your friends and relatives, if you are comfortable in discussing BK with them, if they have any recommendations, or feelings about how this person is.

Good luck, and Best wishes to you and your hubby~~~

[Mom2one]

I do not work and my hubby is paid hourly. We are hoping to file in December as he had a huge overtime month and we need that to fall off the 6 month estimate. His overtime has been cut dramatically. He used to get 30 hours a paycheck, now he is only getting 8 if that. I am so scared. The 1st attorney we saw told us noone would give us a 7. Right now I am just doing the best I can, I stopped paying the cards in May, we have been living on cash. Paying the mortgage and car payment. There are so many twists and turns it stinks!!!!

Christine

[AtWitsEnd]

Hey there! In our case my hubby gets paid biweekly, every other week. Our attorney took our 6 month average income but to find the yearly income he mulitplied the 6 month by 2.1 (or something close). He said that formula was used in our case because we have 26 pays a years instead on 25 as weekly paycheck people would. He also took our tax refund amount of around $2000 and divided it by 12 and put that $200 someplace on our income schedule. Our trustee doesn't touch our refunds, which is cool as I'll look forward to getting that every year. Don't fret over this...we are well above the median income in PA and still have a pretty low 13 payment. Good luck with your attorney, if he doesn't feel right...move on to the next one.

[laurannm]

I don't believe the tax refund is considered income on the means test, since you are already using gross on the means test and your actual tax obligation on line 25. Thus the tax refund has already been counted. However, you may need to estimate what your future tax refund will be (monthly) and include that on your Schedule I

If someone has given you a gift, then yes that is income on the means test. However, if someone has given you a loan (even if it's a relative) then you can list that relative as a creditor (and thus the money is not included as income on the means test). Be aware though that anyone you list as a creditor will be sent a notice about your 341 meeting (thus made aware of your filing...some people don't want relatives to find out about their filing).

I second what Cat says about finding a lawyer. Not only should they be knowledgeable and confident with their answers, but it's also important to have a good rapport with him\her. You want to feel like you can work with the attorney thru the process, and not be afraid to call them with questions

[Cali]

I just read this thread and thought I was having deja vu.

[Mom2one]

Sorry Cali if I posted this before. I certainly do not mean to make anyone angry.

Christine

[AngelinaCatHub]

Naw Mom2one, Cali is probably seeing that this is not a new question, or is close to the bone for her. You have a valid question, and Ms. Cali is the first who would help you. 'Hub

[Mom2one]

I think what gets me upset is we are so close to a 7 . Ugh I just wish I could relax.

Christine

[Cali]

Oh no, you didn't make me angry. I thought I read this same exact question not too long ago and responded to it. So that is why I said deja vu.

Sorry Cali if I posted this before. I certainly do not mean to make anyone angry.

Christine

[Minnymouth]

You will often see the same ole questions asked over and over by new members. When they join us they haven't learned about the search feature on the forum or how to use some of our other features.

We do not want members pulling up really old threads (called "bumping") to ask more new questions about something. Laws change and so do the answers to some of the questions. We prefer that they just ask the same question again and then we get MORE INPUT from more members regarding that subject. As the threads get old, then the search feature comes into effect and people get a wide range of answers to the same question or circumstance.

A question might be "old" to some, but "new" to a newbie...... and we all were newbies at one time.

[Bandit]

Oh no, you didn't make me angry. I thought I read this same exact question not too long ago and responded to it. So that is why I said deja vu.

i see that a lot also. like you could have three of the same exact questions going at once but in different forums & it does get a little confusing when that happens because I can't remember exactly where it was if I wanted to search for certain info that came recent.