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Atty suggested I not file...yet

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    Atty suggested I not file...yet

    We do not own property & the cars have already been repo'ed so there are no secured debts. Without car payments & now that hubby is employed again, our income exceeds our expenses by a few hundred/month now (although we don't feel it quite yet after months of being behind). We can not qualify for Chp 7 due to my income alone but he said our Chp 13 payments would be so steep that he suggests I not file until:

    1. a creditor actually files a suit against us
    2. one of is unemployed (hopefully this won't happen)
    3. or we have another car + car insurance payment and/or more expensive rent that makes our monthly expenses unmanageable again.

    I understand why he advised to wait, but I actually feel that I just want to file & get a second job for the weekends to help pay the fee. Being in this debt is keeping us from starting a family & due to my age, we can not wait forever!

    Any words of wisdom from someone else who has been through this or is currently going through this?

    -SC

    #2
    Originally posted by scaredycat View Post
    We do not own property & the cars have already been repo'ed so there are no secured debts. Without car payments & now that hubby is employed again, our income exceeds our expenses by a few hundred/month now (although we don't feel it quite yet after months of being behind). We can not qualify for Chp 7 due to my income alone but he said our Chp 13 payments would be so steep that he suggests I not file until:

    1. a creditor actually files a suit against us
    2. one of is unemployed (hopefully this won't happen)
    3. or we have another car + car insurance payment and/or more expensive rent that makes our monthly expenses unmanageable again.

    I understand why he advised to wait, but I actually feel that I just want to file & get a second job for the weekends to help pay the fee. Being in this debt is keeping us from starting a family & due to my age, we can not wait forever!

    Any words of wisdom from someone else who has been through this or is currently going through this?

    -SC
    Having childred may help with the BK scenario lots of added expenses there. Medical, clothes, added family members changes the means testing. A child or two may through you into a BK 7.

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