Filing Bankruptcy Pro Se

[AlwaysBroke]

What is the name of your state? Tennessee

I am unemployed and a prisoner in my residence. I'm scared 2 answer my door or phone b/c of bill collectors or process servers. My credit was A1, but since not working, it's all screwed up..... I'm tired and very stressed (My blood pressure is very abnormal -- always high, I can't sleep, no job in site, and I can't take it no more).

I have gone back and forth on this and think I'm going 2 go ahead and do it (Should have filed b4 10/17/05 but hoped situation would change and it didn't). I've already finished the pre-filing counseling session and 5 months left 2 use the certificate.

This is my question: I can't afford the thousand dollar attorney fee, so I need 2 do it myself. I've looked at a couple of cases and can pretty much follow their format. Now, If a person is married, can that person file bankruptcy w/o including the spouse? On one of the schedules (can't remember right off the top of my head) you list your income and expenses. Well, I don't have any income, just a bunch of bills. Under the new law, what are the affects of the means test or does it matter if the person has no income?

Any help is greatly appreciated.

 

[AlwaysBroke]

Alright, I read through the section on Bankruptcy. I guess the question would be: If the debtor doesn't have a income and is married, how do they determine NMI? If the CMI(?) is from the spouse's income and you substract everything that isn't used to pay expenses, you're left w/the amount of the expenses right??? I'm numbers challenged so help me out... If the average income for 6 months is 1,000 and 500 is the amount subtracted and the debtor has no other income/expenses... the NMI is 500. But that 500 isn't the debtors. They have no access 2 the money. So how can that be used as their available income and counted towards the presumption of abuse?????????????

 

[Luv_N_Stepmom]

If you file for bankruptcy, your spouse does not have to file also.
However, if some of your debt is joint debt in both your name and the spouse's name, then if you file and spouse doesn't, the creditor's will still go after the spouse for repayment of debt. So you need to talk with your spouse to see whether or not filing bankruptcy with you is something they may want to consider.
After you submit your paperwork, the trustees will look over your assets, debt, and income and if they determine you have the Means to pay back some or all of debt, you will be held responsible.
But if you have no income coming in, then you list you have no income/job.
Hope this helps you...and good luck!

 

[Ladynred]

First of all, if your income, for the 2 of you, is BELOW the state median income level, then there is no means test. If you are not working, then your spouse is bearing ALL if the expenses for living and those expenses would be subtracted from HER portion of the household income.

If you download form B22, which is the means testing forms, you will get more instructions on how to figure this out. http://www.usdoj.gov/ust/eo/bapcpa/meanstesting.htm

The median for TN for a 1 earner and 2 person family : 34,151 $42,874 respectively.
So, if your spouse makes less than that 42,874, then you 'pass' the first stage of the means test.