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Ask WALLSTREETESQ Your Own Question
Category: Bankruptcy Law
Satisfied Customers: 17248
Experience:  14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
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I am filing for bankruptcy using a paralegal. I made $22,000

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I am filing for bankruptcy using a paralegal. I made $22,000 total from all sources last year in NV. I owe on 5 credit cards and I am a co-signer on debts my ex-wife is paying on. I work in the summer as a campground host in the National Forests and made $8400 in the summer summer of 2010. I am now laid off and unemployed. I live in the desert on free BLM land in the winter and do not work, I will return to work at the same employer in May, 2011. I have a pension of $1100 a month and made $8400 in wages. I haven't filed yet, but I will file for unemployment. I live in a 6 foot by 10 foot cargo trailer that I turned into a camper.

I got a long questionaire from the paralegal to fill out and it made me a little worried if I can do a bankruptcy. Specifically, it asks for all my actual income and expenses, since I am "homeless" and don't pay anything for rent, it looks like I have extra money. But the reason I am homeless is that I couldn't afford to pay all the credit card bill (about $700 a month) and pay rent. Now that I have stopped paying the credit card bills, I have extra money every month. Will it be held against me that I am homeless and don't pay rent? Is this too complicated for a paralegal and something I need a lawyer to help me present to the judge? Bob

Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarification.


It is an issue as your monthly income has to be less than your monthly expenses, my suggestion would be to estimate the average rent in your area, that would be reasonable and allowed as the Court estimates average housing costs in the means test. If you can rent any place you should, if not use the average amount, but you will need an address for your mailing and that is important.

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Customer: replied 6 years ago.
I hope I am misunderstanding you. Are you saying that only people who are loosing money every month can file bakruptcy? If at the end of the month I have $50 leftover, I can't file. I can't pay my credit card bills and live, but without them I can. so I can't get relief from bankruptcy. It's a Catch 22. Even if I rent an apartment, I dont believe I can raise my expenses to exceed my income. Should I even bother to file? What will happen to me if I can't pay my bills but I can't file bankruptcy?
if you have $50 left over you can file, but if you have $500 or more left over every month than it will be a problem. I would say if you have 50-$200 left over you will be fine,.

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