New expense right before filing?

[mamaof2]

some reason i cant get a new thread started......................anyways here goes, we had our consol today (hoping to file ch7), he said we were under the median income (i thought we were over), he is a wonderful attorney and we all clicked, however....he said that we have disposable income, so we would have to do a 13 (he looked for all options for a 7)....but we both work full time (opposite shifts) and have no daycare, i in the end go without sleep for 3 days (ok, i get 3 hrs a day) and work 12 hour shifts, would it look bad to start our two kids in daycare like 1 week before filing, since that would make us have no disposable income...AND i would get some sleep, or would the trustee see a red flag, its not like we are lying, we have proof of both working, we have just never been able to afford daycare (because of the cc pmts) but can do it without those.......what should we do, i cant ask lawyer til monday.HELP

[lrprn]

some reason i cant get a new thread started......................

Helped you out, mamaof2 - here's your own thread

would it look bad to start our two kids in daycare like 1 week before filing, since that would make us have no disposable income...AND i would get some sleep, or would the trustee see a red flag, its not like we are lying, we have proof of both working, we have just never been able to afford daycare (because of the cc pmts) but can do it without those.......what should we do, i cant ask lawyer til monday.HELP

Obviously it would be best to have at least several months of daycare expenses before filing. However, given your circumstances, it might pass muster. As hard as it is to wait until Monday, you really need to get your lawyer's take on this. He's familiar with what your trustee is likely to do with a brand new, high dollar expense like childcare right before filing.

[optimistic1]

my attorney told me that by the time the trustee would even ask for receipts for daycare, that several weeks would have passed by, and by then I would have more than just a couple weeks worth of receipts.

[mamaof2]

Thanks you guys, i emailed the attorney last night, so i hope he has time this weekend to get back to me. I just dont want to start the kids in the daycare, then have the trustee do something.....well i guess i dont know what they could possibly do.!?

[optimistic1]

You can always modify your plan, granted you will need to pay your attorney more fees. Lots of people do this, especially when gas prices shot up to $4 a gallon. You have every right to do it whenever you want, although under certain circumstances you may not, but I'm not 100% positive.

The trustee can raise hell all he wants, but if its justifiable, and you have receipts, he cant tell you no, its not up to him, its up to the judge.

[mamaof2]

Lawyer called and emailed me back today (on a saturday), he is the best! And said that it shouldnt be a problem. Thanks for giving me some hope you guys!