am i rushing to file for no reason?

[AfraidOfBK]

ok i really need everyone's help on this one - so many changes have taken place that our whole plan coud be thrwn off......

should i wait to file?
-stopped paying mortgage in feb 09...surrendering home
-stopped paying ccs around mar-april 09...getting lots ofcollection phone calls (i love call blocking!)
-we know we have to file ch 7 - no other option... we fall way below median income (But on a side note, if family gave us money as gifts (had a baby in May and we deposited them into checking acct - we had to in order to cover a negative balance - is that added to our income? is every deposit income? if so, i havent made copies of all the checks they wrote to us...yikes)

SO - we were waiting for hospital bills to come in (from c-section stay) and then file...but maybe we should wait?
chase is apparently on hold for all foreclosures so they havent started anything yet (other than nod)

we are trying to move out of state before schoolyear begins (august)in which case we would stay with family b4 finding a rental (with bad credit - somehow?!) how would the move affect bk filing? i know we would still have to use the state we lived in for 2 yrs+ but do we have to use a nv attorney while living in washington? do we have to fly home for a 341? how does that work?

this is important stuff cuz i dont want to pay an attorney here if i move. should i just try to file right away or delay it? will moving and starting a new job (same salary) affect bk? i am so confused. i thought i had a plan and now its ruined!!! please let me know if u need more info/details on the situation...i am desparate for answers! Thanks in advance! sorry for the rambling

[bkmaggster]

My understanding is if you live in NV for 6 months you can use a NV attorney and file in NV. You will need to use the federal exemptions, though, you will not be able to use NVs or WAs.

We waited until we were in WA for 6 months, and filed in WA using federal exemptions. I am obviously not a lawyer though, got that info from the nolo book.

[AfraidOfBK]

thanks, bkmaggster for the reply..

Were you in NV too? What is the benefit of waitin 6 months to file other than convenience? Do you happen to know washingotns rules? Or does it not matter since you HAVE TO use federal exemptions??? I am a bit confused.

Also, i have lived in nv for years, but i want to know is: once i have moved to wa, do i still use a nv attorney? and then do i have to travel back and forth to close the deal (341, etc)?/?????

[LuciluS]

I'm headed for the bed LOL!

Just wanted to say we quit paying all of our CCs last October except for one as we had a Balance Transfer in Aug. & our Attorney told us to make 3 min. payments & try to add addt'l monies to each payment. That was when we thought we were going to file in Jan.09.

Lots of phone calls. All accounts turned over to Collection Agencies. Actually some are being passes from one CA to another CA LOL! Mail? Just form letters. This was a good week as not one phone call about asking for money. Probably jinxed myself & phone will ring off the wall 2morrow LOL1

Found out thru this forum, some monthly monies I was receiving would be deemed Income. That stopped in Feb. 09 due to the stock market tanking.

I don't know about the gifts..small amounts under $100 I would say no. Hopefully, one with lots of knowledge will answer your questions tonight or tomorrow.

Niters,

Luci

[bkmaggster]

thanks, bkmaggster for the reply..

Were you in NV too? What is the benefit of waitin 6 months to file other than convenience? Do you happen to know washingotns rules? Or does it not matter since you HAVE TO use federal exemptions??? I am a bit confused.

Also, i have lived in nv for years, but i want to know is: once i have moved to wa, do i still use a nv attorney? and then do i have to travel back and forth to close the deal (341, etc)?/?????

Sorry, I thought you were moving TO NV.

I moved from CA to WA. Because I was in WA for 6 months, I was able to file in WA but had to use the federal exemptions (they were better for my situation, anyway)

I believe if you have to file before you've been in WA for 6 months you will have to file in NV, 341 in NV, etc. Please check this with a reliable legal source, though.

[OhioFiler]

Once you are domociled in Washington for 91 days you are required to file in Washington but may use either the Federal exemptions or Nevada exemptions. The 2 year rule only affects you if you desire to use the Washington state exemptions.

If you move to Washington and choose to file before 91 days you will be required to file in Nevada and any required court appearances will be in Nevada. The attroney you hire would also have to be licensed in Nevada.

I recommend filing after day 90 in Washington state.

[bkmaggster]

I don't know why I can't edit my post, but ohiofiler is correct, It's 90 days, not 6 months.

[AfraidOfBK]

how do you prove that youve lived there for 90 days? DO you ned an address? I ask this only because we could be staying with family.

Also, if this new job my husband is getting has bonuses (at end of year) will the bk court want it (if it comes in after i file?)

If the bonus comes before i file, i will have no problem spending it on necessary items so i am not to be concerned, right?

[LuciluS]

how do you prove that youve lived there for 90 days? DO you ned an address? I ask this only because we could be staying with family. I would guess a WA Driver's License or Vehicle License date might suffice.

Also, if this new job my husband is getting has bonuses (at end of year) will the bk court want it (if it comes in after i file?) The qualification for WA Median Income would be a 6 month look back period. For example, we will be filing on 9/30/09. Our Income will be Mar 1 - Aug. 31, 2009.

If the bonus comes before i file, i will have no problem spending it on necessary items so i am not to be concerned, right?If not included in the look back median income, the Trustee will ask you & dh if there are any changes to your BK petition. You would then have to state the bonus.

Our Attorney told us if we got sued by a Creditor he could file a Delay so we could get our BK filed on 9/30/09. He said his fee would be $60.

That bonus is going to haunt you one way or another. You wait until Jan. 2010 to file, it will be included in your Income. If you go ahead and file before he gets his bonus, then most likely the Trustee will take it unless there is a way to exempt it. Also, if you receive refunds on 2008 or 2009 tax returns that might play in your BK also. If refund for 2008, will probably have to provide receipts where it was spent. If refund for 2009 expected, will need to exempt it.

Good Luck

[music12]

you won't need to prove where you live. all you need is to say it, and that's under pains and penalties of perjury on the forms.

you will need to list your address on the forms. will you be able to use your family's address or do they not want you to do that?