attorney hasn't gotten back to me... question for you

[kl030505]

We are planning on moving our daughter to a different daycare. She is currently at the one at my job for $224/week, but we planned to move her to the one at DH's work which will be $180/week. Big difference. Our 341 is Feb 25th. At that point in time, she will be in the new daycare, which is obviously not on the petition (just made the decision to switch recently in case I find a new job I'm not SOL with childcare). The new daycare price leaves us with almost $200/month extra, which would put the total after I and J at about $240/month discretionary.

Do you think I should put off the move if at all possible (I just wasn't thinking about it wrt to the bk, I was just anxious to get her settled so I can get out of my crappy job)? I can realistically delay the move until after the 341 meeting, and then I can answer truthfully that there haven't been any changes... WDYT?

We are under median income for the past 6 months, but because of DH's new job, if you were to take 6 months going forward, we'd be over. Truthfully, if we can manage a 7, we can save quite a bit of $ each month, but I know the trustee doesn't want to hear that or we will be moved to a 13.

Anxious for attorney to get back to me...

[phoenyx]

That has to be frustrating not hearing back from your attorney quickly.

That being said, I have to strongly recommend not making any change until you do hear back. It should be fairly easy for him to amend the petition before the 341 to include the new day care agency, however I'm more worried about the change in your listed expenses since you sound to be close to the border between Chapter 7 and 13.

Others might disagree, but I don't think it would be inappropriate to make daily calls ensuring that you get a timely answer. You don't want to be harassing, but I don't think daily calls would be.

[Flamingo]

Call your attorney's paralegal or assistant directly, say you have a time line issue question as to your filing that could be a major factor and you would appreciate an answer quickly. Explain the situation to the assistant or paralegal which will show the time line involved. Hopefully that will work for you. Our attorney, upon retention, provided us with the name of his paralegal to call in the event he was not available. The paralegal can also answer a lot of questions but cannot give you legal advice - he/or she will consult with the attorney.

[kl030505]

just an update. Atty got back to me, he said not to worry about it, it would be fine. Change the daycare when it is convenient, so that's what we will do. Phew. I'm beginning to think that the trustee in my state is not likely to be quite so harsh as so many I have read on here. I really hope our case is a "slam dunk".