Quitting job and BK looming...

[Wantmypeace]

I've been diagnosed with Lupus, and I'm not sure how much longer I will be able to work. I'm trying to stick it out until the end of this school year. (I'm a teacher.) If my doctor doesn't put me on disability, I will quit anyway. I am sure the stress of the job is making my health worse. So, right now, our income is too high for chapter 7, but after I quit/go on disability, our income will be low enough to file. I am sure we'll have to wait until a few months after my last paycheck for the average of our last 6 months of income to be low enough, but that should be next year at this time. Do you think the trustee will know/care that I chose to quit working due to my health? Also, what can I do in the meantime to prepare for bk? I will continue to pay my creditors until I quit working, but I won't pay them extra as I have been to try to pay them off. Can I buy a car with that money in the meantime (5-8 K, used car) to replace the car I'll have to give up in the BK because I owe more than it's worth? Will the trustee look badly on me spending money on a car like that within a few months of filing? Thanks for any help!

[tcreegan]

Hi wantmypeace,

The trustee cannot force you to work, if you can't, you can't and thats it.

In the meantime, don't make/take any large $ or property transfers, especially to family.

Go for it on the car, I did that, lots of folks do that, no problem.

Another bit about pre-planning the BK, lots of folks quit paying on all debt that is going into the BK, they take that $ and use it for legit expenses, such as medical (particularly in your case), dental you have been putting off, car repairs, attorney fees, etc. I am NOT a lawyer so I am not sure how legit this is, there are some lawyers on the forum, we need a couple to weigh in here......

Another pre-planning tip is to get the NOLO book on how to file a BK (www.nolo.com) and shop around for attorneys. Get some basic numbers together and hit up some consultations, don't settle on somebody unless it feels like a good fit.

I hope for the best w. your Lupus, tough disease....do they even know what causes it?

Tom in Colo

[Wantmypeace]

From what I've read, they don't know what causes it, only that it is an auto-immune disease. So far, my biggest problem is joint pain and extreme fatigue. I don't think I have any organ involvement yet (rheumatologist will let me know that in a few weeks), so if I can get it under control now, it will be better for me in the long run. That's my hope, anyway. So, I'm going to start interviewing attorneys now, I think. Even if it is next year before we file, I'm thinking he/she can give me some good advice on how to plan. I will also pick up that book. Thank you for your advice!

[ccaplinger]

This is just a suggestion and may not be required but if you do quit, have your doctor write a letter stating that you have a medical condition which is weaking your body and making you unable to work. That way if the trustee does ask why you quit then will have proof from a doctor.

[Wantmypeace]

VERY good idea! I will definitely do that. I don't know how much longer I will be able to work, and I'm hoping the doctors will be willing to write letters when they are needed. Cross your fingers!