Litigation

[jec]

Well now i a waiting for a court date since the us trustee said she does not know if there is abuse.

Basically we have to go to court to let the judge decide about allowing secured property on the means test that is being surrendered.

Anyone no how long we will have to wait for this?

Also does anyone know if it is ok to stop work to stay home and take care of your children (i am basically working to pay daycare and such, i contribute a little but not much) My husband is absolutely against filing 13 because he does not want his work to find out and they would since they force you to do payroll deductions

[CindyLou]

No law says you have to work!. If you can stay home with your babies DO IT! They are only small once!!! If that allows you a 7 then so be it. No one will blink an eye at some one staying home to parent their children! In the end if someone wanted to stop work for no reason there is really nothing no one could say.

[uofaguy]

JEC -

Good luck and please keep us posted on the outcome. It sounds like you may get to be the test case in your region on this issue - very sorry to hear about that.

Before I realized our situation involved mostly business debt (and thus, the means test should not apply) I had a few different attorneys suggest that I (or my wife) should quit our jobs or take a leave of absence to ensure a Chapter 7.

We are seriously considering it if we end up having to file.

[rilbrianne]

I am staying home w/ our kids. It makes more sense to do it if you are paying more for daycare than you are bringing home. Not only would it make sense to you to raise your kids as opposed to someone else... but it makes sense to the trustee because your income/expense of daycare would even out anyway. I hope that isn't confusing.

Most of the people in this situation are doing it because one of them can't work or isn't. Not one person in our meeting this morning was asked why they weren't working. In most of the couples there, only one person was working. Don't stress yourself. Do what is best for your family - in the sake of your children and your financial status.

[emandmeagsmom]

I wound up having to quit my job because I have arthritis in my shoulder and my job is dependent on me using my arm as I am a licensed hairstylist. I am looking for a job but not really looking until our 341 hearing.