Got my 341 hearing notice

[KAKRN97]

Of course this couldn't have come last week before my new work schedule came out.
I'm a nurse and we have 4 week schedules. So I called the scheduler who is also a day shift staff RN to let her know that I have to appear in court on June 23rd at 10am(the Federal courthouse is at least an hour's drive from my home)so I can't work the night of June 22nd. I also cannot work at 7pm that night(I do 2-12's and 2-8 hr shifts a week). I didn't tell her what the court hearing was about. She says to call our Unit Leader(who is also the hospital's director of nursing and is IMPOSSIBLE to get a hold of) Of course her secretary is on vacation till Wednesday so I left a voicemail! So I called our scheduler back to let her know....she's busy right now..OK fine....

I REALLY don't want to have to tell ANYBODY why I have to go to court but I suppose the DON is going to want to see the court order for the date of the hearing. UGH...another reason why I HATE where I work. Gotta have proof in BLOOD of some things!

[NeedOptions]

I'm just curious but what made you file for Ch. 13 so fast? It says you stop paying on your cc's on 4/27 and you filed on 5/28. I am now a month or so behind and wont file for another 3-4 months or until they sue me. Just curious, that's all. Thanks and good luck on your 341!

[jacksjean]

I agree with NeedOptions. I was wondering the same thing about the timing of BK 13 filing. My thought is that I'd like to get my 13 filed right away to avoid all the harassing phone calls and letters. I don't want that confrontation. On the other hand, if my attorney (who I'm meeting with on 6/11) requires her $3500 (approx) up front versus through the plan, then I'll need to save up for two plus months (at least) to come up with that kind of money.

NeedOptions: Why are you waiting 3-4 months or until you're sued? Being sued would freak me out. Are there advantages to your timing versus speedy filing?

[NeedOptions]

The only reason I am waiting is to save up some money before I file for Ch. 13. I'm in CA, so we are allowed to exempt a generous amount of cash before filing.

[NeedOptions]

I almost forgot that my wife and I both took a pay cut starting in March. If I wait till at least August, the 6 month look back period will include the paycut.

[ShooFly]

It seems to me the nurse is moving too fast also...what's your hurry?

[KAKRN97]

If I had waited another 3 or 4 months, then DH's income, now that he's back to work, will be too high and put us WAY over the means test.
Wouldn't be able to file ANY bankruptcy at all if I wait a few more months..with the 6 month look back from Nov 2009-April 2010, DH was unemployed for the majority of that time only receiving unempoyment benefits of $236/week.

DH could also get laid off next week too...his managers at work tell him that they'll be working OT for now but that can all change in a blink of an eye. He could come home today and tell me he's been laid off again. We just don't know. He works in a manufacturing plant and it's been shaky in this economy.

I just got to the point where I cannot make the monthly payments anymore to the credit cards and have money for living expenses. I was charging gas, groceries, etc on credit cards..no money put into a retirement account..no savings..That's why I filed AND so soon.

I wish I would've filed back in Feb or March while DH was still umemployed then I could've filed CH 7. Or, as my attorney suggested, have DH move out of the house for awhile...wait two months...then file a CH 7 as they won't consider his income as being part of the household so I'd qualify for a 7 as opposed to a 13...he was like, you could use that $1350/month to pay off your mortgage as no debt is good debt, even a mortgage!! Erm, no thanks!

I wracked up the debt with mainly stupid stuff so I don't have any issue with having to pay some of it back..I'm thankful for the protection of the Court system to prevent further collections, harrasment, no further interest to pay on the debts..

The phone calls started within like 10 days of being past due on a credit card bill. One card already sent me an offer to settle from a Collections agency(Sears Citibank card)...They should all be receiving their paper work soon from the BK court.

On a plus note, I got one of my coworkers to agree to switch nights with me so that at least is covered.