Need to delay filing...

[reallynervous]

Okay, we delayed filing recently due to some issues with dh's job. They told him he needed to finish his day in a shorter timeframe (commission job with no overtime issues) which we knew he would be unable to make the timeframes. He hasn't been making the deadline, but they haven't said anything more to him about it. So, we thought we would be able to go ahead and file in July.

Now, a new issue has come up where they instituted a new policy at work that disallows time off within so many days of a holiday. It used to be just vacation, so we figured dh could use a PLD for the 341. 341's in our area are done the last Friday of the month. We were expecting to have it on the last Friday in August, however that is within the timeframe of Labor Day that he is not allowed any time off. So, it looks like we will have to wait an additional month. Argh!

My question is this... we had already given our creditors our attorney's info as we expected to file before now. What will happen with the creditors if we don't file for an additional month or two? We did have one of them call the other day "just to update their files" and we told them we were still in the process of filing. Can we continue to hold them off? We are in PA so garnishments aren't a worry.

Thanks to anyone who can tell us what we might expect due to the delay. We would have notified them we were filing in early May, I think it was.

Thanks,
reallynervous

[rilbrianne]

I don't believe it matters, I've been holding my creditors off for quite a while (just because we couldn't afford to satisfy any of them) and am just now considering filing BK. All they have done is kept calling asking when we can pay and we keep telling them not now. If you aren't worried about garnishment, then there really is nothing else for them to do. I live in MI and they will garnish here... in fact, we expect to get hit with it in the next month or two. It takes a while for them to decide to garnish, go through the paperwork, get you "served" and go to court. And even if they try, as soon as you file your "stay" will go into effect and they can't continue anyway.

My own personal experience, may or may not work for you but your in the right place for advice Good Luck

[rilbrianne]

By the way, when I say "holding my creditors off for quite a while", what I mean is a year or two... just to give you an idea of how long it's actually been. We just had a baby, had other bills, and gave up 2 vehicles to get rid of some payments. We couldn't have paid anyone even if we wanted to.

[JRScott]

Actually I"m not sure they couldn't allow your husband to go to the 341. It is required by law.

You probably could wait so long as noone has served any papers. Even after serving you the first set you have generally 30 days to respond. (Which I used to file bankruptcy......but then again I hadn't paid them for almost 2 years because I couldn't)

[SinkingFast]

It probably won't make a difference.

Same thing happened to us, sorta. We hired our attny and I thought we were gonna file so I told all the Creditors as they called. But we were renting from the Landlord from Hell. Attny advised we break the lease, find a new place to live, and include the Landlord in our BK. So we had to wait.

We had to find a new place to live and establish new living expenses. It took about 3 months to know what all our utilities were gonna be. All together, about 6 months from the time we hired our attny until we filed. But it worked OK.

Actually, unless you get a threat of law suit or some other drastic incident occurs, the longer you wait, the better. If you have an unexpected medical expense come up that you cannot pay, you could include it in BK if you wait. Things like that. Plus, it puts more time between your last CC use and the date you file. Less chance for Objections that way too.

[CindyLou]

he MUST be in attendance but the 341 can be continued contrary to popular belief. My brother recently had his 341 continue twice due to work restrictions.

[reallynervous]

Thank you all for your replies.

Hopefully the waiting will be fine. I know that his employer might have to let him off, but that would mean he would have to tell them why and we are hoping to keep the BK to ourselves. Given that he already seems to be under the gun there, I would rather he not rock the boat. I am really sad for dh as he is such a good guy and employee. In over 20 years of employment, he has only been off work for two things... once when he broke his foot on the job and then for his cardiac issues. No other sick days ever. Works from 5 am to 8pm or so daily. I hate that he has to have the stress of feeling like he is under the gun.

Well, one good thing that will come out of this is that the kids will likely be back in school then, so we won't need to try to find a sitter for them while we attend the meeting, hopefully.

Thanks again!
reallynervous