Need to file 13 because of my second job? kinda long post

[okane]

Hi, I took on a second job back in June so I can make some extra money per month to help myself keep paying all the minimums on my credit cards since my regular full time job itself was not covering it, I have too many cc minimums. All I can pay was house pmt, utilities, and credit card minimums so all my necessary food expenses, clothing, gas, and stuff like that, I was putting all of it on credit cards. Its been very difficult on me working two jobs, I am a single mom with 2 kids at home so I really don't think I should do it for much longer and I should quit. If I quit my second job, I can't pay all those credit card pmts, so I went to talk to a bankruptcy lawyer, I do qualify for chapter 7 and thats what he recommends. But what I really am concerned about is this: since income at the time you file bankruptcy is based on the past 6 months from the date you file, I would have that extra income for my second job included along with my regular full time employment income, so, once I complete the living expenses sheet without including all the monthly pmts that was going toward credit card minimums, it makes me have alot of disposable income per month. Does this mean I totally screwd myself over by getting a second job to keep making my cc payments since it will show all this disposable income calculation so I will need to go chapter 13? and the chapter 13 will make me have a monthly pmt that I would not even be able to afford if I quit the second job.

[doingpoorly]

If I your shoes, I would quit the second job and get back to a normal life with your kids. Quit paying the CC's, wait six months and then file. If you file now you will have to count that 2nd job income and if you have to much dmi left over each month you will pay it to a ch 13 .

[aces67]

I agree. Quit the second job and wait 6 months. You don't want to work a second job forever just to make payments on a Ch 13.

[OhioFiler]

Your current income is listed on your schedule I not what you made the last 6 months. If you stop the part time work it's not used in your calculations beyond the means test.

[aljohnson007]

If it were me, I would quit the 2nd job (with proper notice) and not make another cc payment.

[ForumReader]

I agree with the posters above. I recommend quitting the second job, stop paying all your ccs at once, and plan your BK to actively start at least 6 months from now if you can. Then after your 341, you can look for second jobs if you need to, but it sounds like it may be too much work because of taking care of your kids. I can relate to that because I have 2 kids and being a single parent now. Anyway best wishes!

[DeadManCrawling]

Agree with the others.

If you commit to a Ch 13 plan at that income, you are committing yourself to that second job for 3-5 years to get through the plan. Quit the job, endure 6 months of collections, and then file Ch 7.

Good luck to you!