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File now or later? 2 Scenarios

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    File now or later? 2 Scenarios

    Scenario 1: File now or in the next few months with the caveat being my income came from student loans, tax return, and relatives. I did not spend the student loan money on only room and board and some of my purchases (like a vacation) might be questionable; the court might frown on that and FAFSA might find out (I would have to pay the money back). Also, my cash spending of about $400 for small purchases will be difficult to account for prior to March, before I began considering BK. It went to coffee, energy drinks, trips to the gym, and other incidentals. My other cash spending went toward rent I owed my roommate; my last payment to him was April 7th, I can prove it with copies of our apartment lease and other bills, but it might get messy.

    Basically, the longer I wait on Scenario 1 the better off I'll be.

    Scenario 2: File in December when my income will come from my recently acquired job and student loans (correctly spent). All spending history will be clean as a whistle. But the longer I wait (I stopped paying on CC's last September) the greater the chances of a lawsuit, and I don't think I have the stomach for it.

    Edited: I'm seriously considering just filing September 1st, so I can begin to put all this behind me. I will even consider a 13 if it means less scrutiny on the part of the trustee.
    Last edited by tatt2monster; 06-29-2009, 10:09 AM.
    Attorney Retained 4/27/09
    Projected Ch 7 Filing Oct/09

    #2
    Originally posted by tatt2monster View Post
    Scenario 1: File now or in the next few months with the caveat being my income came from student loans, tax return, and relatives. I did not spend the student loan money on only room and board and some of my purchases (like a vacation) might be questionable; the court might frown on that and FAFSA might find out (I would have to pay the money back). Also, my cash spending of about $400 for small purchases will be difficult to account for prior to March, before I began considering BK. It went to coffee, energy drinks, trips to the gym, and other incidentals. My other cash spending went toward rent I owed my roommate; my last payment to him was April 7th, I can prove it with copies of our apartment lease and other bills, but it might get messy.

    Basically, the longer I wait on Scenario 1 the better off I'll be.

    Scenario 2: File in December when my income will come from my recently acquired job and student loans (correctly spent). All spending history will be clean as a whistle. But the longer I wait (I stopped paying on CC's last September) the greater the chances of a lawsuit, and I don't think I have the stomach for it.

    Edited: I'm seriously considering just filing September 1st, so I can begin to put all this behind me. I will even consider a 13 if it means less scrutiny on the part of the trustee.
    Student loans aren't income, they are non-dischargeable unsecured debt.

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