top Ad Widget

Collapse

Announcement

Collapse
No announcement yet.

I think we are over income....

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    I think we are over income....

    Looking at th means test based on income we qualify for a family of 4. However, looking at my income and our expenses each month I am not sure if we will be allowed to do a chapter 7. =(

    My husband's income can go up or down because he is in school and receives housing money for the GI Bill. We are not paid break pay so we can lose money every few months. Also he doesn't take a full load every now and then so we don't get full money. This month we were not even suppose to receive the money but it came as an error (my husband had to drop his classes and they didn't process the dropped paperwork). I know we should have just sent the money back right away but we are actually using that money to file. How do we explain that the money will have to be paid back?

    Also I am pregnant (a very suprise baby as we were told my husband is infertile due to injuries and we would need IVF) and have been very sick as I have hyperemeses so the family has eaten out a lot in the last few months (but not really buying groceries). Will this hurt us?

    This month we had $2000 extra between income and our actual expenses. Again the money is being used to file and it will have to be paid back. But last month we only had like $200, where some months we have maybe $100 to survive on for the month. I know my attorney will explain it today but what is an allowable expense? Obviously rent, utilities, groceries, gas. But what about cable/internet, or cell phone (we don't own a home phone)? My son and daughter are both on a gluten free/dairy free diet (son is autistic with sensory problems and my daughter has ADHD and this diet helps control their issues) so that does make groceries more expensive (and eating out). Will the trustee say we spend too much money on food?

    We have an appt with our attorney today to get all of our paperwork to fill out. I am just nervous that we will have to file a Ch 13 because we don't always have a bunch of extra income and I don't want to not be able to pay the Ch 13.

    I am sure I am working myself up, but this is a huge step and I want to make sure we get everything right and don't hurt ourselves in the long run.

    M

    #2
    Just ask your attorney about permanent disability and exemption from means testing. You asked a similar but different question in http://www.bkforum.com/showthread.ph...s-that-treated. Your attorney will be your best resource for how to deal with the VA income for your husband. The income that you receive, not your VA spouse, will probably be treated as "current monthly income" (CMI) under the bankruptcy code for purposes of means testing.
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

    Comment

    bottom Ad Widget

    Collapse
    Working...
    X