top Ad Widget

Collapse

Announcement

Collapse
No announcement yet.

Update and a few questions

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Update and a few questions

    Hey all, thanks for the wisdom, insight and support you've offered the family and I over the past year. We'll be filing in early October, but much has changed since I last posted.

    Just to give a background for those who might not know the history:

    2 full-time jobs for 6 years straight
    Stress affecting my health and family relations
    Finally hit the breaking point in March, stopped making payments to the unsecureds in May
    Was going to quit one job (most likely night job) and be a 2-income family again

    Well, things have seemed to come full-circle. Both of our boys are now in school full-day, which is great, but presented it's own set of problems. Day-care (aka legalized robbery as far as I'm concerned) was going to be horrendous. To have both of my boys in for 2 hours a day, 5 days a week, they wanted nearly TWICE what my monthly mortgage payment is. Now, I'll be the first to admit that my home is barely anything more than four walls and a roof, but still nearly TWICE that payment? Not to mention the fact that they couldn't go to the day-care we'd known and trusted for the past 4.5 years. No, because the DC is in a school district other than the one we live in, we couldn't get transportation from school to there.

    My in-laws graciously offered to get the boys on the bus in the morning and off the bus in the afternoon and watch them for the 1.5 hours between them getting home and either one of us getting home from work. This was great, except for the fact that it didn't cover when they were out of school for Holidays, conference days and summer vacations.

    So, the wife and I sat down and did the math. Any extra funds made working one of the two jobs would be lost to child care. It just didn't seem smart to spend money to have someone else watch our kids. I then asked my wife the fateful question "Do you want to quit your job and stay home with the boys?" She replied "I know how much you hate your day job and have been staying there, sacrificing for us all these years. You go ahead and quit it, stay at the night job, and be able to stay home with the boys."

    The reality of it hit me like a megaton bomb. Not only was I going to be able to quit a job that I loathe with every molecule in my body, but I was going to be able to stay home with my boys! Sledding during the winter breaks. Camping trips, trips to the amusement park, zoo and museum during summer vacation. I had to sit down. I had missed so much of my boys' growing up over the past 6 years, and while I'll never get that time back, I sure as heck can attempt to make up for lost time.

    As the next day came, the initial shock wore off, and I started to rationalize this more and more. I had my wife run and re-run the numbers making sure that we could afford to do this, as my day job pays quite a bit more than my night job does. She said that it will be tight, but as long as we are frugal and cut out a lot of the niceties we had grown used to, we can do it.

    The more I thought about it, the more concerned I became. I've been going 100 MPH all-day, everyday for the past 6 years. What was I going to do with myself? Sure, I have a few projects around the house I want to do, but other than that, I was going to be a boredom bomb looking for a place to explode. And then it came to me....GO BACK TO COLLEGE AND GET YOUR DOCTORATE YOU DUMMY!!!

    So, I applied to one of the local Universities and was accepted for the spring semester. I have two more that I am considering, but will talk to them when I have a little more free time come late October - early November.

    I have an optimism I've truly not felt in probably 10-15 years. I have just a week and a half to go at my day job, then another week later, we file, and the day after, the wife and I leave for our yearly (and probably last for quite a few years) vacation. Then I come back and begin my quest for more knowledge with a ravenous hunger that has too long been denied by not only myself, but the evil creditors whom enabled my family and I to go somewhere that there would be no digging out from.

    But I digress. Sorry for being so long-winded, but there was a lot of ground to cover, and you guys have all given me so much that I just had to share it with you.

    Now, for a few questions:

    1- How long after we file do we need to wait to make more money? I'm not trying to milk the system, but I know my current employer wants to call me in occasionally on a consultant basis and is willing to work with my BK situation, but if I'm going to have to wait until a year from now to collect on work I'll do for them now, I think I might pass. I also want to pick up something part-time, maybe on campus in-between classes, just to give us a little cushion with things.

    2- We're filing on 10/12. After that, we'll have our 341 sometime in November, and then the 60 day wait begins. What happens if one of our creditors objects?

    3- Anyone feel that the Trustee might object to my quitting of the job that pays more ($6 more an hour to be exact) to stay home with the boys and complete my Doctorate?
    Filed Ch 7: 12/27/07
    341: 2/6/08
    Discharged: 4/11/08
    Finally closing: ???

    #2
    Originally posted by Runnin on empty View Post
    Hey all, thanks for the wisdom, insight and support you've offered the family and I over the past year. We'll be filing in early October, but much has changed since I last posted.

    [edit]
    Now, for a few questions:

    1- How long after we file do we need to wait to make more money? I'm not trying to milk the system, but I know my current employer wants to call me in occasionally on a consultant basis and is willing to work with my BK situation, but if I'm going to have to wait until a year from now to collect on work I'll do for them now, I think I might pass. I also want to pick up something part-time, maybe on campus in-between classes, just to give us a little cushion with things.

    2- We're filing on 10/12. After that, we'll have our 341 sometime in November, and then the 60 day wait begins. What happens if one of our creditors objects?

    3- Anyone feel that the Trustee might object to my quitting of the job that pays more ($6 more an hour to be exact) to stay home with the boys and complete my Doctorate?
    Re 1: My attorney said that if I make more money after the 341 that should not be a problem. We're well under the median so he actually said we could make SOME more money before the 341 but not too much more... But after the 341 apparently it does not matter.

    Re 2: I can't answer that question, but just thought I'd mention that that's about the time we'll be filing too. I don't have a date yet but my attorney said that we could do it in "early October"!

    re 3: I'm just guessing - hopefully one of the experts here will answer this - but I can't see how they would object or even KNOW that you were planning to go to school after the 341 and after the discharge you can do anything you dang well please if I'm not mistaken.
    <<I am NOT an attorney, my comments are anecdotal only. Contact an attorney for advice>>
    FINALLY DISCHARGED 92 DAYS AFTER THE 341! A NEW START!!!

    Comment


      #3
      ROE,

      I am so excited for you. I could feel your enthusiasm. My ex and I worked opposite shifts for years so I could be home with my girls and not pay a sitter. This is a decision you will never regret.

      Hang in there, you'll coming out a winner and so is your family.
      I used to have a life, now I have grandkids.

      Comment


        #4
        Originally posted by Runnin on empty View Post
        3- Anyone feel that the Trustee might object to my quitting of the job that pays more ($6 more an hour to be exact) to stay home with the boys and complete my Doctorate?
        I quit my job during a chapter 13, fell behind on the payment plan, filed a chapter 7. At the 341 for the chapter 7 the trustee didn't even ask why I wasn't working. Basically all she asked me is if I was working. I said no. No further questions were asked. Of couse, I did just have a child whom was only 5mo old at the time so that could have changed her not asking a bunch of questions about it.

        I was also told by my lawyer NOT to volunteer any information about my plans afterward (I was planning on moving a few states away and lawyer said not to mention it AT ALL)

        Comment


          #5
          Thanks for the replies. Any other advice from the veterans here on the board?
          Filed Ch 7: 12/27/07
          341: 2/6/08
          Discharged: 4/11/08
          Finally closing: ???

          Comment


            #6
            Originally posted by Runnin on empty View Post
            1- How long after we file do we need to wait to make more money?
            Anytime after the 341 meeting is fine.

            2- We're filing on 10/12. After that, we'll have our 341 sometime in November, and then the 60 day wait begins. What happens if one of our creditors objects?
            Then you and your lawyer will deal with the objection. Your case will definitely be slowed down. However, keep in mind that objections are very rare. Unless your lawyer told you that there's a strong possibility of a trustee or creditor objection happening in your case, then I would put your worry energy to a better use

            3- Anyone feel that the Trustee might object to my quitting of the job that pays more ($6 more an hour to be exact) to stay home with the boys and complete my Doctorate?
            Not gonna happen. Trustees can't make you go back to work just like they can't ask a stay at home mom to go to work either.

            During your 341 answer the questions your trustee puts to you during your 341 honestly, but lawyers will advise that you don't volunteer anything you aren't asked either.
            I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

            06/01/06 - Filed Ch 13
            06/28/06 - 341 Meeting
            07/18/06 - Confirmation Hearing - not confirmed, 3 objections
            10/05/06 - Hearing to resolve 2 trustee objections
            01/24/07 - Judge dismisses mortgage company objection
            09/27/07 - Confirmed at last!
            06/10/11 - Trustee confirms all payments made
            08/10/11 - DISCHARGED !

            10/02/11 - CASE CLOSED
            Countdown: 60 months paid, 0 months to go

            Comment


              #7
              Originally posted by lrprn View Post
              Anytime after the 341 meeting is fine.

              Then you and your lawyer will deal with the objection. Your case will definitely be slowed down. However, keep in mind that objections are very rare. Unless your lawyer told you that there's a strong possibility of a trustee or creditor objection happening in your case, then I would put your worry energy to a better use

              Not gonna happen. Trustees can't make you go back to work just like they can't ask a stay at home mom to go to work either.

              During your 341 answer the questions your trustee puts to you during your 341 honestly, but lawyers will advise that you don't volunteer anything you aren't asked either.
              lrpn, this is just for my own curiosity, but are you saying that a person could theoretically quit their job just to lower their income so as to qualify for bankruptcy? There is no problem with intentionally lowering your income by quitting or changing to a lower paying job so you can qualify for Ch 7? And the trustee could not throw the case out for having done that?
              <<I am NOT an attorney, my comments are anecdotal only. Contact an attorney for advice>>
              FINALLY DISCHARGED 92 DAYS AFTER THE 341! A NEW START!!!

              Comment


                #8
                Originally posted by PaKettle View Post
                lrpn, this is just for my own curiosity, but are you saying that a person could theoretically quit their job just to lower their income so as to qualify for bankruptcy?
                Sure it's possible to do that. In fact, one of our regular members, CatchMeIfYouCan, deliberately quit his second job so he could convert from Ch 13 over to Ch 7. The court suggested that he do it too!

                The major problem with this approach is the suddenly unemployed have to find a "sugar mama or daddy" to support them for enough months to drop their income and then continue to support them for 3-4 more months for the case to clear the courts. It isn't a practical thing to do on purpose for most folks.

                Planning for your bankruptcy is perfectly legal. Many Ch 13 filers do it to ensure our payment plans are reasonable enough to maintain them for 5 years. And Ch 7 filers shift their filing times to ensure their six-month lookback is under the median for their state and family size.
                I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

                06/01/06 - Filed Ch 13
                06/28/06 - 341 Meeting
                07/18/06 - Confirmation Hearing - not confirmed, 3 objections
                10/05/06 - Hearing to resolve 2 trustee objections
                01/24/07 - Judge dismisses mortgage company objection
                09/27/07 - Confirmed at last!
                06/10/11 - Trustee confirms all payments made
                08/10/11 - DISCHARGED !

                10/02/11 - CASE CLOSED
                Countdown: 60 months paid, 0 months to go

                Comment


                  #9
                  To question #3

                  In many situations, it is better to quit and stay home with the kids. When you figure out how much money you are making and how much you are paying out, many times it's just not worth it. That was the situation with us. My measly checks were just about all gone, so I decided to quit working.

                  The first attorney we spoke to, did question my not working and implied our financial problems were because of that. That ticked me off beyond words. Our financial trouble started in 2003 when my hubby's work cut their salaries to save the company from BK. The attorney we retained said my not working is no one else's business and considering how little I was bringing in, it made sense to quit.

                  Good luck to you and your family. Your kids will benefit greatly.
                  9/27/07 Chapter 7 Filed

                  11/13/07 341 Meeting

                  Comment


                    #10
                    My husband went from making 690 per week to making 1000 per moth if we are lucky . He did it to be there for me and the kids we have 5 kids 2 have a life threatning illness and i have an autoimmune disease. so he sacrificed his work for us.
                    Sometimes life make you deal with ugly and hateful people ,just think of them as sand paper. They may scratch you and rub you the wrong way but eventually you end up smooth and polished and the sand paper becomes old and worn out.

                    Comment


                      #11
                      Everyone answered your questions

                      I just wanted to wish you luck in the process
                      May 31st, 2007: Petition Filed by my lawyer
                      July 2nd, 2007: 341 Meeting Held
                      September 4th, 2007: Discharged and Closed.

                      Comment

                      bottom Ad Widget

                      Collapse
                      Working...
                      X