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Recent Means Test questions

I am a disabled vet with 60%, and I want to file bankruptcy

I am a disabled vet with 60%, and I want to file bankruptcy with my spouse. We accrued all debt while serving actively. My question is since I already pass the means test according to the SCRA, does my wife also automatically pass or does she have to use her income and take the means test. No Bankruptcy lawyer that I have spoke with could tell me a definitive answer.

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LawTalk

Attorney at Law

Juris Doctor

32,458 satisfied customers
Regarding BK chapter 7,in Illinois state We are a family of

Hello,Regarding BK chapter 7,in Illinois stateWe are a family of four.I want to file BK by myself,NOT Jointly.I know that our family income must be maximum the "Illinois Median Income standards for Means Test" for a Family of 4,shows around $7000/month.Question:would that be the income BEFORE TAXES(=gross) of AFTER TAXES (NET)?Thanks!

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TJ, Esq.

Juris Doctor (JD)

10,616 satisfied customers
I 't know if I've selected the correct lawyer - My mother

I don't know if I've selected the correct lawyer -My mother called me with a debt collector on the line, my mom hasn't handled any of here of here own finances 2002, she my dad passed, at the time she could of handle her own affairs but ask me to do it - today at 72 yrs old she doesn't has the ability. The last time this happen was in March when old tax bill that I forgot (I also had 3 strokes and on disability as well) from MA went several years with nothing and then a letter with to garnishment from the MA DEPARTMENT OF REVENUE was attached, we are in a repayment plan. I not trying to dodge a bullet. am correct in I state and federal taxes can attached social security & pension ?My mother does get social security and a widows pensions from my father whom worked for GM. She had nothing in the bank, no savings not a dime and live paycheck to paycheck, over the last few years when I got sick and they garnishment my wife she helped us paying for our childrens day care so I could go to physical therapy to learn how to walk and talk again, She doesn't even on a car, she , she lives very modestly about 3 hrs away and on her own (something I am not sure that she will be able to continue to do) she is in poor health and really has nothing. The debt service call was about a judgement in 2010 for $16000 , I'm not quite sure how, I believe it was through 'default' - in the past I have appeared for her and handle these things but I can't remember this one, neithern can she - I have looked at the court records and the debt was filed one in my county not hers (Port St Lucie) it states she was spoken to by phone - I know it doesn't matter that neither of us remember this account or the court hearing because the have a judgement -which there trying to collect on it. Of course I can't settle the judgement because I can't payout a lump sum or have the ability to make a reasonable effort to make a payment arrangement on the judgement, apparently at the time I / we was paying a $100 a month on the debt but I stopped that was all they would tell me, she owns her house she is upside down in, her credit is aweful - while I was on the phone with the debt agency she stated "she has good credit, she owns a house, she has a car ' and trying to tell her this isn't true, but of course they don't want to hear it. The judgement paperwork states speaking with her the phone at the time the hospital for 22 months after a car accident I think that's why no remembers this debt or the account it's attached to, but I do know I can't fight the judgement and even if I couldn't I don't have the money for legal representation. So I have no idea what to say, we have always tried to help each other,my wife and I are racked up to our eyes with our own debt issues and we have just recently had to make several repayment deals because while I'm disabled it is tough for them to attach me (and my mother was disabled before she hit retirement age) but my wife keeps getting garnished and we keep paying because we can't come up with a bulk amount to start a better repayment plan and the cycle keeps going, I just wanted to give you a better scope of what is going on, if I had it's I would give it to her, my mother even gets meals on wheels I would sincerely ***** ***** as I did tell the debt agency collector I would contact her today, can they just 'dig up a judgement ' any time and force collection ? Should I tell them she is paying a state tax lien, the state / gov garnish social security wages ? I have nothing to offer I can't even make a constructive repayment schedule. I would tell her to go to bankruptcy court and file but I am afraid that she won't pass the way and means tests as I have run the numbers and she barely has -$300 a month because of the pension income, the debt agent stated that she must have something must of happened because they don't just reopen these thing for nothing, I was also told there is no statue on judgements, I lost half my collective brain capacity during my illness.Is there any way I can keep this from be publicly posted ?All help would be sincerely appreciated,

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Texas Atty

Juris Doctor

35,342 satisfied customers
How does alimony payments affect my "means test"

How does alimony payments affect my "means test" for my bankruptcy filing? Not divorced just separated.

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LawTalk

Attorney at Law

Juris Doctor

32,458 satisfied customers
Looking at my options to file ! : No. I was just doing

Looking at my options to file for bankruptcy!JA: The Bankruptcy Lawyer will need to help you with this. Have you consulted a lawyer yet?Customer: No. I was just doing research on it firstJA: Please tell me everything you can about this issue so the Bankruptcy Lawyer can help you best. Please give me a bit more information, so we can help you best.Customer: I have over 19,000 dollars in credit card debt, student loans, personal loans, I recently bought a house with my ex and I am no longer living there so I go a place I could not afford and started paying bills and using my credit cards for help, now I am struggling paying it back and falling behind on rent and car psymentsJA: OK. The Bankruptcy Lawyer will need to help you with this. Is there anything else important you think the Bankruptcy Lawyer should know?Customer: Like?JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Bankruptcy Lawyer about your situation and then connect you two.

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5,184 satisfied customers
Bankruptcy & Retirement Fund Loan / PaymentsState is NJ.

Bankruptcy & Retirement Fund Loan / Payments.State is NJ. How bankruptcy treats retirement funds (401K, etc) loan and payments for this loan? Can payment be part of the mean test / a valid expense? Will this be a concern of the Trustee to notice how this loan was spent? If the loan is over a year old? I understand this loan is not discharged in either 7 /13 as this is loan and payment to oneself.

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DrakeLAW

Juris Doctorate

544 satisfied customers
I have a creditor, I am referring to schedule e/f in

I have a creditor, I am referring to schedule e/f in bankruptcy, if I have a creditor, a collection agency who is suing me. my original debt was for $10,000 and they have added fees and interest and they are suing me for $21,000 my question is should I add them only to part 3 of schedule e /f? Or should I add them to part 2 and part 3 (which is what I did). I have the original debt, which was sold, listed in part 2 already.

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Terry L.

Partner

Doctoral Degree

2,862 satisfied customers
I live in FL and I am a disabled Veteran rated at 60%.

Hello I live in FL and I am a disabled Veteran rated at 60%. Is this income included with the means test for chapter 7?JA: The Bankruptcy Lawyer will need to help you with this. Please give me a bit more information, so we can help you best.Customer: Chapter 7 bankruptcyJA: Anything else I can tell the Bankruptcy Lawyer before I connect you two?Customer: No that's allJA: I'm sending you to a secure page on JustAnswer so you can place the $5 fully refundable deposit now. While you're filling out that form, I'll tell the Bankruptcy Lawyer about your situation and connect you two.

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Phillips Esq.

Attorney

Juris Doctor

17,972 satisfied customers
I live in California and have filed previous BKs. My

I live in California and have filed for two previous BKs. My last BK filing was on March 2008.I have about 75k in credit card/loan debts, my yearly income is $120,000 per year. My wife earns $60,000. I have two children- one is 19 and 11.Can I file for Ch.7 BK based on the above? Thank you..

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5,184 satisfied customers
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