I just reread your answer. i have a job and i get paid a salary but there is no way that i can pay the sba over a million dollars from my salary. i assume that would make the trustee consider that i am insolvent. all my husband receives is social security.
I have a payment to NJ from 2007 for sales tax for about $2500, one to NYS for about the same amount and another to a doctor for about $1200. I can pay NJ and the doctor in March but NYS can't figure out how much i really owe and i think that would take longer. Since sales tax is a mandatory payment would the trustee have to allow it even if it were made within the 90 day period.
I think i can keep $2500 in cash if i file and i think i'll need at least $3000-5000 for an attorney since the case isn't that simple and it's for myself and my husband so i assume this isn't part of the money a trustee would consider for a clawback.
All of the monthly payments i make are under $600. Nearly all were incurred years ago. Two creditors did reoopen my accounts after i made payments for two years but i am still just making monthly mininum payments because that's all i can afford.
Do they aggregate the payments if you pay about $300 a month to a creditor or just consider the monthly payment?
i really don't want to file bankruptcy so i am trying to avoid it but if i lose the court case i will have to file. it's disgraceful that someone would forge documents and use them for a lawsuit knowing that we lost all of our originals in the world trade center so it's hard for us to contest the case. the business did owe plaintiff $31000 when it became inactive. even though we didn't personally guarantee the debt as he is claiming i offered to pay this over time years ago. he wouldn't take it. the judge we originally had was reassigned. she seemed to believe that the lawsuit was a travesty but we have a new judge now so i have no idea what the ruling will be.
do you know how long it takes after the judge finds for the plaintiff before a judgment is filed and you have to respond? that might give me the 90 days i need to make sure there are no payments to creditors that are subject to review.