As you have discovered, passing the means test/being below median income does not equate to an absolute right to do a Chapter 7. If your real budget shows you have the ability to pay you will be filing a Chapter 13. If you are below median income your "commitment period" is 36 months but...

Conduit mortgage payments are a complete rip-off. Those filing bankruptcy are financially struggling to begin with. Adding the Trustee's fee on top of the normal monthly mortgage payment makes it that much harder for folks to successfully complete a Chapter 13.

The fee for the "privilege"...

Return the funds to the lender. If the lender is not an insider the preference period is 90 days.

Des....

If you are contemplating filing bk. . .

1. Paying back a family member was a mistake and so was doing it by using borrowed money.

Assuming the funds came from an institutional lender you will probably have to make payments on that loan for a while. If the funds came from...

Assuming your bankruptcy case is closed, you must pay off all liens and encumbrances that are attached to the home, closing costs, commission etc - just like the rest of us. You then get to keep the net-net profit.

Des....

sophieanne


Section 1322(a)(1) states that the plan “shall provide for the submission of all or such portion of future earnings or other future income of the debtor to the supervision and control of the trustee as is necessary for the execution of the plan".

Section...

The Trustee isn't going to "hold" the payments. You simply need to formulate a Plan that provides for either a level payment based upon your average annual income or a fluctuating amount based upon your seasonal shifts in income. Talk to a well qualified bk attny. Years ago I had a case...