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Income verification and process for Chapter 7 Bankruptcy

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JackM678

Junior Member
What is the name of your state? Texas

The odd issue is, that I even though my credit score is near 750, my debt has gotten a bit unmanageable.

The income max for a household of 3 is $73,948.00, and my salary plus COLA is $74,000, and I have some bonus income. The other issue, is the 2 kids are exchange students on temporary visas, so I don't know if those would count.

How do they verify income though? If I have a monthly paycheck, do they just multiply it by 12, or would they go by my last tax return? I have enough losses, deductions, and my job didn't start until end of June, so my income for 2022 won't be over the cap.

The question though is, how much do I really have to do to be eligible to get the debt discharged? A lot of people I asked with no experience as an attorney made suggestions such as consolidating the date and working with the banks to lower the interest rates, but that does absolutely no good. Most of the debt is no interest, a few thousand of it is only 2.99%, and the high interest balance I'll have paid off after I get my tax refund.

I know my credit score would drop and my credit cards would be canceled if I declared bankruptcy, but the problem is that it is getting close to 20 thousand now accumulated over the years where I was paying it off in small chunks, but after getting my new career, I moved into an apartment and decided to house teenagers from Europe to volunteer, and the move-in expenses and bills started to really pile up. Back in 2016, I wasn't making really any money at all except for driving Uber and my credit score was only in the 600s, but all my credit cards were offering 0 interest balance transfers. Now, only one of my cards of the many I have has an offer with a much higher credit card and income.

I have a new bed mattress that I have 3 years to pay off without interest. The rest are limited to a year or less and if I don't get them paid down drastically, after they expire, the interest is going to be outrageous and too much to keep up with. When my student loans start becoming due, I don't really qualify for income based repayment because my income is too high, but that is still going to add several hundred more dollars per month.

I cut spending on eating out significantly. I lowered some bills. I may even have to get lesser insurance coverage on my car to drop by 45 dollars per month. I also drove Uber in addition to my job for more supplemental income, and even cashed in on my substitute teaching FICA, and it still wasn't enough to not increase debt one of the months.

I'm done buying furniture and appliances. I'm tracking expenses. I'm cutting some costs. However, I still don't think it's enough to pay it off in a reasonable time frame. Even after the kids go back home, if I rent the other room to a friend for 800 dollars per month, it will still take almost 2 years to pay it all off only if it doesn't increase due to other unexpected bills.

As far as things I own if they do seize assets. I have a smart TV worth a couple hundred, my 3 year old laptop, and a 1200 dollar digital piano. My car has negative equity. I own no jewelry or anything very expensive.

On top of this, I get collection calls for medical bills I cannot pay. I have told one of the collectors to contact the police department to pay one of the hospital bills, because they put me in the hospital by 48 hour suicide prevention order, so they should have to pay the hospital bill, but no luck on that.


I'm not really interested in credit counseling and consolidation, because I can figure out that myself. I only want it discharged without having to prove beyond a reasonable doubt I can never pay it back. If that's possible.

If I get the credit cards and medical bills discharged, I can start over and rebuild credit with a secured card and continuing to be on time with my car loan payments and put money in my bank account instead of in debts I don't know if I can ever pay off in the next few years.

My income is going to increase by $1500 per month next summer assuming I'm with the same company, but that still won't do much except help pay my student loans, but I'll still be in the same position for the rest of my bills.
 


adjusterjack

Senior Member
A lot of people I asked with no experience
Why on earth would you do something that foolish.

About the only thing anybody can tell you here is make an appointment with a bankruptcy attorney who can review all the dollar amounts and types of debt and advise you accordingly.

I'm not really interested in credit counseling and consolidation,
Good thing. They are often scams and put you in worse shape.

If I get the credit cards and medical bills discharged
Sorry, you don't get to pick and choose. You discharge all of your debts under Ch 7. With a Ch 13 you pay your debts over a period of three to five years and parts of each debt might be forgiven.

my student loans
Might or might not be dischargeable.

Again, the best solution for you is a consult with a bankruptcy attorney.

You're wasting your time seeking advice from strangers on the internet.
 

JackM678

Junior Member
The main question was how do they prove your income really? If I have two bi-monthly paystubs, do they just assume that is representative of what my annual income is?
 

Zigner

Senior Member, Non-Attorney
The main question was how do they prove your income really? If I have two bi-monthly paystubs, do they just assume that is representative of what my annual income is?
That is unlikely - you will likely have to produce tax returns, bank statements, etc. Ask the BK attorney that you consult with.
 

doucar

Junior Member
when I practiced, which was not in Texas, they asked for 3 month's paystubs and 3 years of filed tax returns. But I have no idea what the local rules in whatever district you are in Texas requires.
 

adjusterjack

Senior Member
The main question was how do they prove your income really? If I have two bi-monthly paystubs, do they just assume that is representative of what my annual income is?
The lawyer will give you forms to fill out that list your income from all sources, all your debts, and your assets.

Once you have completed the forms the lawyer will tell you what you need to provide for verification of anything.
 

quincy

Senior Member
FreeAdvice has as a forum member a bankruptcy attorney who posts under the username “despritfreya.” I have tagged @despritfreya to see if there is any additional advice and information despritfreya can provide.
 

JackM678

Junior Member
It's not that I want to declare bankruptcy, but if I don't get close to 10 grand back at tax time, it's gonna be very difficult to pay what I'm behind on.

Unfortunately, I don't know if the kids I'm housing and feeding now would count if they're only here on temporary visas, and my income might be way too high if not.

I haven't contacted an attorney yet as I think it's a little premature as I won't know if it's even something that makes sense to even attempt for at least a few more months.

I want to take my outstanding credit card debt at the end of the month for each month and see if now that I don't have more moving expenses and told the kids we're done eating out regularly if it reduces each month.

It's just that if they did count as family since they are in my custody now, once they go back home in June, I'll be back to a family of one and my income will be 92 grand per year plus bonus income, but if my student loans start becoming due, the income increase won't do anything to change my financial situation.
 
The other issue, is the 2 kids are exchange students on temporary visas, so I don't know if those would count.
For Means Testing purposes (and Schedule J), I use the “heads to beds” approach. If the exchange students are living with you when you file then they are “dependants”. If you get any stipend for them, such is “income”. You need to check with a local bk attny to find out if such is how your District handles this.

How do they verify income?
You are required to file with the court copies of your last 60 days of payment advices. In addition, your Trustee may ask for copies of paycheck stubs and other income verification. Regardless, since you sign your bankruptcy documents under penalty of perjury, such is a strong incentive for you to tell the truth.

how much do I really have to do to be eligible to get the debt discharged?
Meet the qualifications and tell the truth.

I have a new bed mattress that I have 3 years to pay off without interest. The rest are limited to a year or less.
These creditors may assert that they are secured creditors. If so, you either surrender, redeem or reaffirm.

When my student loans start becoming due, I don't really qualify for income based repayment because my income is too high, but that is still going to add several hundred more dollars per month.
No one can really comment on this except that currently, student loans are not dischargeable unless you get a bankruptcy court to agree that repaying them will be a hardship. While change is in the air, currently, here are the new guidelines:

https://www.justice.gov/civil/page/file/1552681/download

Hope this helps a bit. You need to sit down with an attorney to go over your specifics.

Des.
 

JackM678

Junior Member
I'd rather just pay for the bed than give it up as well as the digital piano. That combined would only be a little over 3000 dollars, which is manageable.
I wasn't talking about getting student loans discharged, but more that once they become due for monthly payments, the credit card debt will be unmanageable unless somehow I am able to cut it in half in the next 3 months with a good tax refund plus cutting back expenses by a lot.
 

Onceagain33

Active Member
If you truly intend to file bankruptcy, and you first pay off specific debts to the exclusion of the others you could be causing yourself problems. It is called preferential treatment, and if you then do file bankruptcy, the court could “claw back” those payments.

you can get an initial consult with a BK attorney for free. Most people I know that did a BK, meet with 2 or 3 first.
 

JackM678

Junior Member
Sell the digital piano and pay for the bed...problem solved.
Not quite, because the digital piano was only $1028 brand new and was paid for before my debt increased. With the costs of moving it plus its depreciated value, I have hard time seeing that they'd even try to seize it in a bankruptcy, and the balance of the bed is $2649 with 33 months left to pay it off, so that wouldn't lower my expenses monthly by nearly enough to make any difference in my financial situation.
 

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