When to file and what can we expect to repay????

[UpACreek2010]

UpACreek2010, if you haven't yet please set up free initial consultation appointments with at least 3-4 experienced bk lawyers in your area who frequently file Ch 13s as soon as possible.

You are very fortunate to be in Texas which is one of the most bk-friendly states to debtors. However, your situation is complex enough that you need expert advice to make sound financial decisions about which chapter you may or may not qualify to file. This isn't the time to be guessing or getting advice from well-meaning but non-lawyer strangers on the internet which may or may not be correct for your specific financial situation in your state.

Keep studying how Ch 7 and Ch 13 work, then meet with those experienced bk attorneys. Write down your questions ahead of time and write down what they tell you during the appointments.

Keep in mind that just because you think you can't file Ch 7 doesn't mean it's a given that you can't. Your family deserves to make the best of your bad financial situation without guesses and assumptions being made. Set up those appointments, and come back to let us know what you find out. Good luck!

IRPRN,
Thank you are right, in that consulting with a BK attorney is the appropriate advice for our situation. This is next on what we need to do. I do on the other hand value folks opinions/suggestions who have gone through this as well. Reading their comments here is helping me to list specific questions for the attorneys we speak we so we are not wasting their valuable time. I really have only 2 questions that should be easily answered:

1: How much we can expect to pay based on the bills listed above. EngineGirl included a link for me to input our information there, so that we can arrive at the amount we will be required to pay.

2: When to file, based on the information listed. This is question is due to our spending $4k last month on CC. I understand that the Trustee (as well as the CC companies will go back 3 months bank statements). If this is true then we need to file "AFTER" these charges drop off the bank statements (March).

[lrprn]

1: How much we can expect to pay based on the bills listed above. EngineGirl included a link for me to input our information there, so that we can arrive at the amount we will be required to pay.

You really do need an experienced bk attorney to fill in the Means Test and Schedules. Filing bk is far more complicated than just filling in figures. Local experienced bk lawyers know what the trustees in your local court will allow and what they won't. That's something that you can't do yourself. They also know all of the pertinent case decisions that could impact your figures and your filing date. That's why I recommended starting to meet with experienced local bk lawyer candidates to represent you now.

In Ch 13, one person could have the very same income and expenses as you do and still have a different monthly Ch 13 payment. Whatever you might come up with by filling in the online Means Test yourself isn't reliable. It certainly shouldn't be used to make any decisions about filing. BK law isn't black and white - it's all kinds of shades of gray, especially Ch 13 law and case decisions.

2: When to file, based on the information listed. This is question is due to our spending $4k last month on CC. I understand that the Trustee (as well as the CC companies will go back 3 months bank statements). If this is true then we need to file "AFTER" these charges drop off the bank statements (March).

Whether you have to wait or not depends on what the $4K was spent on and why. It also depends on how the trustees in your local court typically see the types of charges you made. Again, you need to be asking experienced local bk attorneys to help you sort this out. They know your local trustees and what is allowed. No one here can give any reliable information about that.

Let us know what you find out when you have your attorney interviews. Good luck!