Really bad timing for all this

[cj0203]

We've been struggling for a while to pay everything and try to dig out. We're supposed to file Ch7 in March. It's the worst possible timing, but the atty said we should wait until 90 days after we used our CC's last, and that's March 9th.

It's bad timing because

1) I am 6m pregnant and due April 21st. I will probably be ready to pop when we have our 341, I am just hoping I don't have the baby early and cause all kinds of problems with the process.

2) DH just got a $400/mo raise to help cover healthcare costs (we pay full cost, $1300/mo for medical and dental) So with the next 2m of higher pay it might throw us off both means tests (he was already just barely over the median before the raise, so we're def over now) and the monthly part is gonna be really close now. I REALLY don't want to get pushed into a CH 13.

3) We stop paying our dischargeable debt this month. I'm terrified that something will happen and make it so we can't file and we'll have all kinds of crazy fees and things to add to our already shaky situation.

I just wish we could have filed in Dec when we met with the atty so it would be over way before this stuff became an issue. It's not like we used our CCs for anything frivilous, it was all for things like groceries and gas. We'd pay the bill and then use the $500 we paid to them on necessities.

*sigh. I am SO bad at patiently waiting!

[FreshLikeADaisy]

CJ, it may not be as bad as you think. I hope other people will chime in and tell you further, but that whole 90 days since last use is at the trustee's discretion, and what they REALLY want to know is did you use it for luxury items (obviously not) or with the intent to defraud (no). Cash advances, especially, are a no-no.

But other than that, you would NOT be the first person on this board to file *sooner* than 90 days past last CC use, especially for necessities. It is possible you could file sooner than March. This is not to say that I **encourage** you to use them, it's just that it has happened before without repercussions if the usage was clearly for necessities.

I hope that others post their experiences about this. Seems to me I just read a post a few weeks ago about someone who had last used the card a few days before filing for necessities because they didn't know not to, and now that person is past their 341. Good luck!!!

[cj0203]

Oh yeah, we won't be using them at all for sure. We stopped paying them, so we can use the $500/mo we were paying on them and we're fine.

I might call and see if we can file sooner. We have to at least wait until we get our tax refund for the $1K to pay for it all, but even just 3 weeks earlier would make me feel tons better.

[ameliabedilia]

CJ, it may not be as bad as you think. I hope other people will chime in and tell you further, but that whole 90 days since last use is at the trustee's discretion, and what they REALLY want to know is did you use it for luxury items (obviously not) or with the intent to defraud (no). Cash advances, especially, are a no-no.

But other than that, you would NOT be the first person on this board to file *sooner* than 90 days past last CC use, especially for necessities. It is possible you could file sooner than March. This is not to say that I **encourage** you to use them, it's just that it has happened before without repercussions if the usage was clearly for necessities.

I hope that others post their experiences about this. Seems to me I just read a post a few weeks ago about someone who had last used the card a few days before filing for necessities because they didn't know not to, and now that person is past their 341. Good luck!!!

I had two cards that had been used within the 90 days and I went for it anyway, pro se even! I was nervous because one had charges in Las Vegas, no cash advances or anything. My husband was at a huge event for his field that is there every summer, but I was still nervous about how it looked. The other one was our card for overdraft protection, so it had been used too. Now, my husband had been fired, so I know that can override normal events/spending habits for some trustees due to "totallity (sp?) of circumstances".

By the way- maybe being visibly pregnant can help your situation. Babies cost money with diapers, clothes etc... so your expenses will certainly be going up and your family will be growing. I wonder if you could put under the "anticipated changes in income" section that things will be changing. I filed in October and knew my husband was getting a new job about a week later. I filed an amended schedule I and J about 3 weeks later showing our new situation.

[cj0203]

Thanks for the replies. I was looking at all our stuff and it looks like we may have to wait until after the baby is born anyways, since we were already over the median by $5k. The atty had said that we may need to do that anyways based on the old income figures, so I'm guessing when we meet with her in March she'll tell us we should wait so we are under median by $7k instead of over by $10k (with the new raise). (the NH difference from 3-4 people is $17K!).

[aachudneymiles]

We've been struggling for a while to pay everything and try to dig out. We're supposed to file Ch7 in March. It's the worst possible timing, but the atty said we should wait until 90 days after we used our CC's last, and that's March 9th.

It's bad timing because

1) I am 6m pregnant and due April 21st. I will probably be ready to pop when we have our 341, I am just hoping I don't have the baby early and cause all kinds of problems with the process.

2) DH just got a $400/mo raise to help cover healthcare costs (we pay full cost, $1300/mo for medical and dental) So with the next 2m of higher pay it might throw us off both means tests (he was already just barely over the median before the raise, so we're def over now) and the monthly part is gonna be really close now. I REALLY don't want to get pushed into a CH 13.

3) We stop paying our dischargeable debt this month. I'm terrified that something will happen and make it so we can't file and we'll have all kinds of crazy fees and things to add to our already shaky situation.

I just wish we could have filed in Dec when we met with the atty so it would be over way before this stuff became an issue. It's not like we used our CCs for anything frivilous, it was all for things like groceries and gas. We'd pay the bill and then use the $500 we paid to them on necessities.

*sigh. I am SO bad at patiently waiting!

Well this is what I like to call "Life" " I am Pregnant 8 1/2 Months to be exact. My discharge date is due date. I also file my husband and myself Pro SE, needless to say I know your stress. I have figured away to take some of the stress away.

OK so I was thinking I am in the situation better to do something about it now then drown in debt pregnant and stressing. Plus once my baby is born, We will have a freshstart. You are trying and have an ATT. that is a start.

[cj0203]

Thanks

I know it's all about the outcome, the next few months will just be stressful while the fees and bills rack up and we wait...

I just need to not think about it so much I suppose, since I can't do anything about it anyways!

[aachudneymiles]

Thanks

I know it's all about the outcome, the next few months will just be stressful while the fees and bills rack up and we wait...

I just need to not think about it so much I suppose, since I can't do anything about it anyways!

yeah cant do much now just think even if you wait until new baby is here to file you will still have freedom once its all over a fresh start... soo enjoy your pregnancy now.. think of the new baby. if you feel down go out if you have money to spend on the baby buy something nice for the baby or just window shop or go to babiesrus and create a regsitry for baby. Well Good Luck everything will be just fine !!

[cj0203]

Thanks!

I have a feeling I'll be stocking up on diapers and wipes those eat up money like crazy!

[aachudneymiles]

Thanks!

I have a feeling I'll be stocking up on diapers and wipes those eat up money like crazy!

ohh my just went in walmart yesterday and them swaddler pampers are a million dollars a pack.. but yeah stock up..

[ohwellwhatever]

We just got our discharge, and we consulted an atty 2 months before my due date, scrambled to get a rental and moved prior to my delivery... home went into foreclosure, 1st car got repo'd after the baby was born... got a beater last month and are letting our next car get picked up(we refuted our reaffirmation at the last minute). Its been interesting, but once you are done it will feel like such a relief!

I swore I wouldn't let the stress of this ruin my time with my pregnancy and the birth of my baby. I did everything I wanted to do, and haven't missed a moment. It was hard sometimes, but you never get those moments back.
Filed a few mos after she was born. Its great to have a clean start, I am a stay at home mom, and went through alot to have what I have, which is the most important thing, a new start and the ability to live in our new means and get to be with my baby.

Oh by the way the parent's choice diapers are really good! we still get those and Target formula. Way worth the savings

Good luck to you!

[aachudneymiles]

We just got our discharge, and we consulted an atty 2 months before my due date, scrambled to get a rental and moved prior to my delivery... home went into foreclosure, 1st car got repo'd after the baby was born... got a beater last month and are letting our next car get picked up(we refuted our reaffirmation at the last minute). Its been interesting, but once you are done it will feel like such a relief!

I swore I wouldn't let the stress of this ruin my time with my pregnancy and the birth of my baby. I did everything I wanted to do, and haven't missed a moment. It was hard sometimes, but you never get those moments back.
Filed a few mos after she was born. Its great to have a clean start, I am a stay at home mom, and went through alot to have what I have, which is the most important thing, a new start and the ability to live in our new means and get to be with my baby.

Oh by the way the parent's choice diapers are really good! we still get those and Target formula. Way worth the savings

Good luck to you!

same thing here well you should rememeber me ohwell.. I had to move to an rental home I was 5 month pregnant ( i mean i was moving big things dressers and all. First car repo.
getting my beater this month about to let 2nd car go after discharge.. how funny same situation miles away.. But I will never ever get in this situation again.. Can we say lesson wellll learned!!!! I get WIK so thank GOD for that .. I just love swaddlers tried others didnt like.