grandoldtimes
grandoldtimes t1_je8aqym wrote
Reply to Is it time for bankruptcy? by Obv_thrownaway111
You are likely over the median income for Texas so you would be in a chapter 13 case with payments of 5 years, the nice thing is your plan payment would likely be significantly lower than all your debt servicing.
grandoldtimes t1_je8ceq5 wrote
Reply to comment by Obv_thrownaway111 in Is it time for bankruptcy? by Obv_thrownaway111
Oh hell no. I would find a good bankruptcy attorney and have a consultation - and they usually are not the ones you see advertised on TV. You can also look thru the Form 22c-1 and 22c-2 to get an idea of what you should expect, chapter 13 is based similar to the Internal Revenue Manual collection standards. You can read thru that as well.
I don't know much about Texas, another comment said community property state which does mean you likely will need to file a joint case. Start keeping receipts for things like medical expenses and transportation. I also don't know if Texas circuit allows the 401k deduction to be excluded on the means test, that is would impact the Line 45 number. In this situation, owning your car outright actually eliminates a form 22c deduction, but you may be able to claim "old car expenses" borrowing from the IRM. The means test is a very mechanical test, sometimes not based in reality. Somethings have national standards regardless of expenses (food, clothing, personal care, entertainment, misc) and some local standards (utilities, vehicle operating costs).