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bk dismissed link: overtime worked prior year was added by court

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    bk dismissed link: overtime worked prior year was added by court

    Unless Debtor is printing money in his basement, plans to liquidate assets not shown on the schedules, or has other sources of income not reflected on the schedules, the household has not been paying and cannot pay monthly expenses in excess of $5,000 with less than $4,000 in monthly net income. The Court can only conclude that the household has more income than projected, less expenses or both. "
    Last edited by bkfiler; 11-08-2005, 02:30 AM.
    Im not an attorney or a trustee. You cant trust me either though!

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    #2
    Good link. Thanks! Yeah these cases now with the new law will be interesting to see. If a debtor files a single bankruptcy they still add the spouses income unless they are legally separated and SWORN under oath that they don't live together. I guess for the months of the bk process many people may move home to mother for a few months and have an occasional conjugal visit!

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      #3
      Originally posted by FoolAndHisMoney
      Good link. Thanks! Yeah these cases now with the new law will be interesting to see. If a debtor files a single bankruptcy they still add the spouses income unless they are legally separated and SWORN under oath that they don't live together. I guess for the months of the bk process many people may move home to mother for a few months and have an occasional conjugal visit!

      Ya know something F&HM? That last part sounded...Kinky I know what you mean, but still, taking it as that, it's quite funny

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        #4
        I don't find the comments (only read what is posted-not the linked article) to be out of line.

        If you worked overtime all of last year, and all of this year so far, without some sort of documented change, it would be assumed that you will keep working overtime. That isn't so far fetched.

        And, if the petition says income is only 77% of expenses, I agree that things look FISHY.

        One bit of advice that will always ring true: be honest on your petition & with the trustee. Otherwise, be prepared for the worst!
        Most of my information is from personal experience or HOURS and HOURS of online research. When you're searching online, keep in mind there is no guarantee that the info is completely up to date, and your situation is unique from anyone else's. Do your homework, and consult with an attorney so you can make an informed decision.

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          #5
          I agree with you Staci, but obviously I wasn't going to be the first to say anything. If you read the whole thing through, you'll also see that the debtor's new wife is paying a mortgage and utilities on an empty house. It's kind of hard to claim you're broke and destitute while owning two homes.

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