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should i wait to have baby before i file?

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    #1

    should i wait to have baby before i file?

    long story - ill try to shorten:
    I contacted a lawyer in 10/07 about filing chapter 7 , sounded good put a retainer for 100 to keep and spoke with my husband about all the details after getting home, decided not to file , made min payments until 11/08 when i was disabled due to pregnancy complications and out of work for 3 months. October, nov, and dec. We didnt use any cc from 10/07-11/08. Used cc to pay living expenses ,groceries,gas etc totaling about 3000 over the course of those 3 months i was out of work. Stopped paying all other cc in november but have continued to pay the cc we recently used to cover while i was unable to work. Started back to work january and havent used cc since then, but havent paid on the others since november. Now we are behind 3 months with the other cc's and we have no choice to file bk, but i just dont know if it will make a difference when i file because of the circumstances. So , i have a few questions: Will they consider it preferential payment because im paying the balance on the card i just recently used?
    I recieved my tax refund also which i am using almost all of to pay attorney fees the little left over went to fix my bathroom shower( we have one bathroom and have had to take a bath the last 3 months because we didnt have money to fix it) Should i was to pay all my attorney fee's until i am ready to actually file? Should i wait until after the baby is born to file - also wait to file because i used my credit card so recently , if i was until after the baby is born and dont use any cc or make any payments it will be outside 90 days, would that be the best way to go? Also, will they look back at when i contacted the attorney oringinally in 10/07 as my filing bankruptcy date? or do they just look at the day that i file my petition? Anyones answers would be helpful , my attorney is an hour away and i dont want to drive all the way there and back if i can just get some clarification here... thanks!!!
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    #2
    I would wait so you can add in any medical bills you may incur. Just my opinion.

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      #3
      is there any negatives to waiting to file ?

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        #4
        Ha when I read that I thought- wait you can't have your baby till you file?! LOL

        Congrats on that by the way!

        You are taking the right steps in planning your BK. There is a fine line between this and fraud. Others will have their opinions, but I would definetly have your baby first. Worst case is you pay for it- that it doesn't get discharged. Good luck!
        Filed: 11/25/08 - chp 7 no asset
        Discharged: 2/24/09 CLOSED 3/7/09!

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          #5
          I agree with ‘dogbone’. If you can, wait till baby. Remember, it is another family member for your means testing. I doubt anyone would know or attempt to find out that you planned two years ago to file. Also, your time does not start until you filed. Don’t use any CC’s. ‘Hub
          If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

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            #6
            do you think there would suspicion because i contacted an attorney in 10/07 and 11/08 and used cc in nov dec and january and didnt file until 05/2009?

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              #7
              sorry i didnt read this until after i posted the suspicion comment. So they dont look at anything until i actually file my petition and then they only look the 90 days back right? I havent had use any cc since january , and i dont foresee needing to either. Should i also stop paying on that card since im not paying on any of the other cards ?

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                #8
                Originally posted by luvu283 View Post
                do you think there would suspicion because i contacted an attorney in 10/07 and 11/08 and used cc in nov dec and january and didnt file until 05/2009?
                No. Several posters, 'Hub and I included, have waited several months between the initial consult with attorney and filing. This can be for any number of reasons. In our case it was 17 months, partly due to waiting until a yearly stipend paid in January rolls off the look-back clock, and partly due to our own attorney's ineptness.
                "To go bravely forward is to invite a miracle."

                "Worry is the darkroom where negatives are formed."

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                  #9
                  Originally posted by luvu283 View Post
                  sorry i didnt read this until after i posted the suspicion comment. So they dont look at anything until i actually file my petition and then they only look the 90 days back right? I havent had use any cc since january , and i dont foresee needing to either. Should i also stop paying on that card since im not paying on any of the other cards ?
                  Yes. Stop paying on any cards. If you pay one card and not the other, it can be 'prefferential'. Remember that your goal is to discharge the unsecured debt. CC's are for the most part, unsecured. If you continue to pay on them, you are throwing good money after bad. Instead, use that money to build up an emergency fund.

                  The look-back is generally six months or 180 days.
                  "To go bravely forward is to invite a miracle."

                  "Worry is the darkroom where negatives are formed."

                  Comment

                    #10
                    Originally posted by AngelinaCat View Post
                    Yes. Stop paying on any cards. If you pay one card and not the other, it can be 'prefferential'. Remember that your goal is to discharge the unsecured debt. CC's are for the most part, unsecured. If you continue to pay on them, you are throwing good money after bad. Instead, use that money to build up an emergency fund.

                    The look-back is generally six months or 180 days.
                    so i should wait 6 months from january to file so i wont have to worry about this "preferential payments" issue? If i dont pay couldnt they consider it fraudulent because i used it and then stopped paying it the next month?

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                      #11
                      I don't think it would. You are sort of planning to file in May so waiting another month or two really wouldn't hurt.

                      As far as fraudulent, if your CC use was for a big ticket luxury item like a fur coat or boat, and you stopped paying the next month, yes that probably would attract the creditor's notice. But if your use of the card was for food or medical or repairs to the bathroom, and other living expenses, that wouldn't attract the same kind of notice.

                      NOTE: After Discharge, you are ALLOWED to repay a particular debt if you want to, but you don't have to. And most likely once the 'Suggestion of Bankruptcy' notice goes out to the creditors, your accounts will be closed out anyway.

                      It's just that when planning the BK before you file, you are not allowed by the bankrupcty laws to pay one creditor and not the others.
                      "To go bravely forward is to invite a miracle."

                      "Worry is the darkroom where negatives are formed."

                      Comment

                        #12
                        Originally posted by luvu283 View Post
                        so i should wait 6 months from january to file so i wont have to worry about this "preferential payments" issue? If i dont pay couldnt they consider it fraudulent because i used it and then stopped paying it the next month?
                        If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

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                          #13
                          We contacted our lawyer in October. Decided at the end of Oct. we were going to file. Got money together and paperwork to her by the middle of November. She kept canceling our appointments to file. I had a minor surgery that turned into a major surgery the day we were suppose to file. Then that night my hubby had to take my son to the ER. Anyhow a week later (Jan 6th) we filed and all of my bills and sons bills left over from what the insurance didn't cover were included. Our lawyer said not to worry about them, they will be discharged.

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                            #14
                            Originally posted by dogbone33 View Post
                            We contacted our lawyer in October. Decided at the end of Oct. we were going to file. Got money together and paperwork to her by the middle of November. She kept canceling our appointments to file. I had a minor surgery that turned into a major surgery the day we were suppose to file. Then that night my hubby had to take my son to the ER. Anyhow a week later (Jan 6th) we filed and all of my bills and sons bills left over from what the insurance didn't cover were included. Our lawyer said not to worry about them, they will be discharged.
                            That is great news about the medical debt! It sounds like you were being guided by Providence.
                            "To go bravely forward is to invite a miracle."

                            "Worry is the darkroom where negatives are formed."

                            Comment

                              #15
                              Ok so hubby gave attorney $785 down for Chapter 7. At the time we felt this was the best move for us but now we are going back in to look at a 13. This was last week. They have not cashed the check for filed anything for us because they want the full payment. Now that we are considering the 13, before I even thought about it I used my cc today to pay for some items and supplies I needed for my business. I did pay it back today online out of our checking but I am concerned if this would create a problem. We are planning to file with full payment in about 2 weeks. Also, hubby is expecting a bonus may $500/600 in March/April.. Will this matter? I am getting a bonus from school from the state that I get every year for $675 in March/April but I am not depositing it in the bank. I think that I am going to a currency and cash it and put it in my daughter's checking account. If we did this after we filed 7/13 is that fraud? we need to save that money because we may lose our home to foreclosure and we need to be ready to go when that time comes. Also, is the complaint of foreclose the same as

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