How much difference between counties?

[zenbit]

After much research, soul searching, and one attorney's visit, I have decided upon three things: must file CH 13, letting go of the house, and moving into an apartment a few counties away.

The CH 13 is due to my high income. Letting go of the house for many reasons - not the least of which is the degree to which I am in way over my head.

The move is also for many reasons - and will happen next Spring / Summer to make things easier on my kids.

So - as these pieces of the puzzle come into place, I am trying to now determine when and where to file.

1) Does the county you file in make much of a difference in the outcome of a CH 13? I am debating whether to file now or after the move. Current county is far more conservative in general than the place I am moving to. If it can make a difference, I am wondering how to research this?

2) I stopped mortgage payments in August. The banks will eventually foreclose. How dependent am I on the filing date in regards to foreclosure, if I am giving up the house either way? In other words, does my "file now or after the move" equation need to factor in the foreclosure problem?

3) If I file before moving - how do we budget for a rent payment... I am not making mortgage payments now, and haven't started paying rent. My fear with filing now is ending up with an unrealistic amount in my bk budget for rent and not being able to make it work. Also worried about the trustee letting me have enough money in the bank to make to move feasible.

The way I see it - I have 6 to 9 months to get onto a realistic budget and save money to make this move happen. Plus - I am guessing extra cash on hand will make finding an apartment easier with such trashed credit.

The one factor I know about is if/when a creditor seeks a judgment and starts getting part of my paycheck.. but want to think about these other factors too.

Any help at all with any of these three questions would be greatly appreciated!!!

[TooMuchCredit]

After much research, soul searching, and one attorney's visit, I have decided upon three things: must file CH 13, letting go of the house, and moving into an apartment a few counties away.

The CH 13 is due to my high income. Letting go of the house for many reasons - not the least of which is the degree to which I am in way over my head.

The move is also for many reasons - and will happen next Spring / Summer to make things easier on my kids.

So - as these pieces of the puzzle come into place, I am trying to now determine when and where to file.

1) Does the county you file in make much of a difference in the outcome of a CH 13? I am debating whether to file now or after the move. Current county is far more conservative in general than the place I am moving to. If it can make a difference, I am wondering how to research this?

2) I stopped mortgage payments in August. The banks will eventually foreclose. How dependent am I on the filing date in regards to foreclosure, if I am giving up the house either way? In other words, does my "file now or after the move" equation need to factor in the foreclosure problem?

3) If I file before moving - how do we budget for a rent payment... I am not making mortgage payments now, and haven't started paying rent. My fear with filing now is ending up with an unrealistic amount in my bk budget for rent and not being able to make it work. Also worried about the trustee letting me have enough money in the bank to make to move feasible.

The way I see it - I have 6 to 9 months to get onto a realistic budget and save money to make this move happen. Plus - I am guessing extra cash on hand will make finding an apartment easier with such trashed credit.

The one factor I know about is if/when a creditor seeks a judgment and starts getting part of my paycheck.. but want to think about these other factors too.

Any help at all with any of these three questions would be greatly appreciated!!!

For #1, you are supposed to file in the district you are living for the last 180 days. The district comprises many counties. So if you are just moving a few counties over, you probably would be in the same district. Some enforce that, others not so much. I know there are some people that live in NW Georgia that filed in SE TN and have been allowed to do so. It was a matter of convenience for those folks as they worked or were closer to Chattanooga than to Rome, GA. But they are trying to put a stop to that. If you file in the wrong district they are supposed to either dismiss the case or transfer to the proper district. That said, even in the same district, they have multiple courts. In the N. District of Georgia, they have them in Atlanta, Rome, and Gainesville and you would be assigned to whichever is closer I believe.

I can't answer to the other 2. I do know there are IRS allowances for rent used in the means test. And they vary from county to county. In Georgia here we have alot of small counties (metro Atlanta is comprised of 23), it can vary widely.

[justbroke]

For #1, you are supposed to file in the district you are living for the last 180 days. The district comprises many counties.

The District that you have lived in for longer than 180 days, or the District that you lived in for the greater part of the last 180 days. So, if you file and move, you're okay. Or, even move and file in your old District, you're okay as far as Venue. They call this Forum Shopping. A creditor can call you out on it, but it's highly improbable in a consumer case.

2) I stopped mortgage payments in August. The banks will eventually foreclose. How dependent am I on the filing date in regards to foreclosure, if I am giving up the house either way? In other words, does my "file now or after the move" equation need to factor in the foreclosure problem?

No, the foreclosure problem is just a foreclosure problem. Your timing will all be based on saving the home, or delaying the foreclosure. If the foreclosure happens before you file, you're out of luck.

3) If I file before moving - how do we budget for a rent payment... I am not making mortgage payments now, and haven't started paying rent. My fear with filing now is ending up with an unrealistic amount in my bk budget for rent and not being able to make it work. Also worried about the trustee letting me have enough money in the bank to make to move feasible.

You would use the IRS Allowance for rent in your new county for a family of your size. Besides, by the time your Plan is confirmed, you probably would have settled down and could have amended it without any consequence (like having to file a motion to amend a confirmed plan).