Filing Chapter 13 soon - and I dont' want my house....

[october99]

Except for that big deposit for my short term disability.

I don't think we can wait six more months - we will likely be out of our house by then and in VA. If we live in VA for three months, our attorney can't file for us, and we can't file in our current state (MD).

Because you want to move sooner or you need to? Since you haven't shared any details to go on, I'm guessing it would take the full six months to get your income below or near median or passing the means test. You would still be able to use the rent expense albeit lower than current mortgage expenses.

Childcare is killer. $450/week minimum for our two in FT care.

[boomerkae]

Even if you move here to VA, you wont be able to use VA's exemptions - you will still have to file using the state which you currently reside. VA requires you to be a resident for at least 2 years to file using their exemptions (and we cannot use Federal here in VA either).

If you are trying to file not using your husbands income - you may have to wait another 6 months as his income will count in the lookback. Check with your attorney as well because I'm not sure if Short Term Disability is excluded in the means test - I know Social Security Disability is.... however it is counted in the monthly income for payback purposes (at least where I am it is).

Meeting scheduled with the attorney for next week. Good to know that we'd still use MD standards if we went to VA. I don't want to shell out more money to a new attorney if we moved as mine doesn't practice in VA.