Question about Renting and Surrendering Home

[BKdinOhio]

As I have said in previous posts here my wife and I have ultimately decided it is in our best interest to surrender our home in our BK and rent.

Previously I had indicated this would be with her parents. However we won't be doing this now for various reasons (lol no nothing negative, her mother seems to understand why we need to do this. Even if she doesn't know how DEEP in the hole we are).

The question I have now is this: Timing.

Do we secure an apartment just prior to filing to cover our butts should our Schedule J expense for Rent/Mortgage be questioned given we'll state we plan on surrendering the home?

Once we stop payments on our house (after filing of course) it will take a couple of months to set aside enough for 1 months rent and deposit (most of the places around here don't require last months rent up front).

Before that the only asset I could use for that purpose is money in my ESPP (Stock Options). Plus selling my scooter.

I just don't want the trustee to go thinking I'm hiding anything, lol.

Basically before or after filing or after 341?

[olly7011]

My atty told us to move before we filed. This was strictly for exception purposes. Which was about $8,000 more in exceptions instead of having a homestead exception for a home that we were giving up anyways.

[TEW]

In my case my lawyer told me to get a lease before I filed. But she changed it after we did the rest of the means test. Plus we need to get money tighter to sign a lease and move. We are got to stay put as long as we can in the house we are giving up.