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[Okieblue]

When to file? Husband getting a raise end of the month, will put us over the median by about $6K, no problems with doing a 13, we actually tried to get a loan for $45K, but no go. We have boxed ourselves in, we can't buy things unless we use credit, like gas and groceries, kids going back to school items. Credit usage has been steady, but nothing like a mink coat, or jewelery. I closed some cards to take the temptation away. Had hoped to keep up with things til atleast Jan., but we are not going to be able to make the payments. One car will be paid off in March so that will be $300 more in disposable income, a relative is giving my kids a vehicle, and I was advised to have my name on the title in addition to the kids' names. Will this be seen as a gift to us? Chase is taking payments out automatically, and they are quite mean if you miss. So is Discover, thankfully I have been allowed to skip payments with them this month. I don't want to deal with the collection phone calls for months on end. Sigh.

[Okieblue]

Oh, and we pay about $100 more in rent than what the state recommends I guess. But I am not living in an unsafe dump. Some apt complexes in the area charge over and above what we pay for our detached home. How do we swing that, do they expect you to move?

[momofthree]

So, you're under the median without the raise, right? I'd file this month and go for a ch.7.

[SMinGA]

Are there things that you MUST pay back in your plan? MOrtgage arrears, back taxes, etc.? If not - then file now when you're still under median and you can do 36 months instead of 60. If you're specifically planning a ch. 13, I'll assume you either don't qualify for 7 (too much DMI, or ch. 7 in past 8 years) but consult w/ an attorney of course.

Contact those creditors and cancel the payment arrangements. You may even want to close that bank account and open another. Start living cash, and work with your atty to determine your budget. This is, of course, assuming you are certain that filing is the right decision.

Having rent over the IRS figure should not be a problem, as you can document that rent amount.

[Okieblue]

I'm worried about the cc usage. I just found out that a vehicle payment is postponed til next month, so we can squeek by this month. And learned today that if my husband converts his GI Bill to a ch 33 or 31, that he will get an additional amount for BAH. Funny timing, cuz I just showed him a degree program at school last week and he feels ready to go for it. So, that leaves me wondering if we should do this or not. It's so hard to know what to do. Also, we rent and have no real property, both vehicles, one is 5 yrs old, still owe another 7 months on and it has 55K miles, my vehicle has 56K miles on it and still owe 3 years on it. So no equity in them really.

[LadyInTheRed]

While a lot of people will say to let 90 days pass between your last credit card use and filing, many have also said that their attorneys said recent credit card use was not a problem. If you haven't used ccs for large purchase ($600 and up) or a vacation, but only for gas, groceries and back to school stuff, it may not be a problem. I doubt it is uncommon for people to live off credit cards right up until filing. The inability to pay living expenses without credit cards is what makes many people realize they need to file BK.

I agree that if you are under median before your husband's raise, you should consider filing a 7 this month.

Given the possible timing issue, you should consult with 2 or 3 bankruptcy attorneys right away to discuss your options. Don't resign yourself to a 13 if there's a chance you'll qualify for a 7 and you have no reason to prefer a 13.

Before putting your name on your childrens' car, make sure you can exempt the asset.