I have some questions on a not so typical case if anyone here is able to help I am greatly appreciative. I’m just learning the ins and outs of bankruptcy, so please forgive me if I seem uneducated on some matters. I will try to give as much information as possible. For the last six months, I have been a bartender and waitress making seven to $8000 a month cash and depositing it into my checking account. I have a 19-year-old daughter who lives with me who I support and I live in Pennsylvania. For the first three months of what will be looked at on a means test, I really just had a bad problem with overspending. I’ve carried a $15,000 balance on one of my cards for quite some time (years). I also owe $7,000 to the IRS from last year which I read can be deducted from a means test if you are close to the income limit. Every month my checking account will have the same number of deposits as withdrawals, and I will be pretty much at zero at the end of the month. The last three months I have developed a gambling addiction, but there is a caveat. I was prescribed the drug Abilify and one of the extremely rare side effects is compulsive gambling. It is confirmed by the FDA that this drug blocks dopamine in mental health patients so they seek dopamine hits from other sources. Other rare side effects can include compulsive shopping, binge eating, and hypersexuality. I have never gambled in my life prior to September of this year. There were actually several class action lawsuits from 2016 because it was not disclosed on any prescription leaflets or any other literature that this was a side effect. My doctor never warned me of this either and I spent over $50,000 in just three months. I had spent $15,000 on credit card, all my winnings which were totaling about $25k, and a savings account that was $10,000. My questions are, are my gambling wins, included in my income for the means test? Can I be accused of fraud or abuse since I had a savings account and did not pay my creditors some of this money? If I show proof from my doctor that I was on this medication and never had a prior history of gambling will the court make an exception on anything that may be questioned concerning gambling or the savings account due to this rare medical circumstance? I am planning to file for chapter 7 because I have no assets. I have discontinued the medication on December 10 and I researched that it takes 4 to 6 weeks to eliminate from your system. Everything that I’ve read online through websites and Reddit states that once the medication is out of your system that all desires to gamble will cease. I did speak with a lawyer quite briefly regarding the medication/gambling situation I’ve experienced but did not elaborate on any of these further details. He wants to meet in person and I think I need to bring a deposit, so before I do, can anyone please give me your opinion on these matters? TIA

submitted by /u/ravennn346
[link] [comments]

Leave a Reply

Your email address will not be published. Required fields are marked *