top Ad Widget

Collapse

Announcement

Collapse
No announcement yet.

How fast are you able to file Chap 7?

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    How fast are you able to file Chap 7?

    Hi all - been contemplating Chap 7 for some time and spent alot of time on the boards and am so thankful for everyone opinions and expertise and wondering if you guys could give me some input. I currently reside in IL

    Am recently divorced, divorce was final a month or so ago. Previous to the divorce the ex and I were seperated and maintaing seperate households for almost 2 years (he did pay rent for my place $950 a month) I receive no spousal support and am planning on moving out of state to be closer to family to help me out probably in a weeks time. I paid utilities for my place but they were in his name.

    My only income for the last 6 months has been unemployment comp in the amount of $1100 a month. All of my debt is previous (have not used cc in 6 years ) but it is all in the forms of judgements ...approx $48k - 2 of the accts we agreed to a payment plan 2 1/2 yrs ago (should have filed then but my stupid ex refused - should have filed without him, the things I know now ....) 1 is a joint acct that per our divorce decree he will continue to pay the rest are all single accts in my name. I have paid the one judgement in my name up until 3 weeks ago. I have notified them that I am currently unemployed and am working on getting the money together - I was fortunate to have a landlord that was willing to use part of my dep to pay my rent last month and now have paid him half a months rent to get me through the 17th of this month.

    I have not gone to any consultations because I had no way to pay an attorney for bankruptcy. I just found out earlier today that my parents will have the money to give me to file ! So now that I wont be able to reach anyone until Monday I have a few questions.'

    I need to move out of state ,probably in less than a weeks time. Would it even be poss to file a Chap 7 in this time? Would like to file before I move obviously and use those expenses as I am not sure where or what my expenses will be when I move. How does it work, is it your expenses on the day you file or am I simplifying it too much? Even without paying rent which eats my entire check obviously - I think by looking at the IRS standards for just food and clothing, car expenses etc I still wont have much if any DMI left over. My only asset is a 14 yr old car worth far less than the 2400 exemption amt in my state. And do I understand correctly that all my Unempl Comp is exempted in Illinois ? Plus I would still have a 4k wild card?

    Im sorry for the length of this but am just trying to see what kind of options I have available to me as I dont want to have to wait 91 days to file in another state when I move. Thanks for your insight.

    #2
    One problem with filing and moving right away is that you have to appear at your 341 approximately 30-45 days after you file. You would have to come back to appear at that hearing, if not your case would be dismissed.

    General picture of bankruptcy and the forms you file is this: Means test - 6 month look back, Schedules I and J - looking forward. You will have a hard time estimating living expenses until you are settled and know what the future holds, and you know you're leaving where you are now so you can't really use your current expenses. It wouldn't hurt to get in to an attorney or two for a free consultation. They would be able to advise you as to the best steps to take at this point. Rushing a bankruptcy for the sake of rushing it isn't a great idea. There are just too many things involved.
    Filed pro se, made it through the 341, discharged, Closed!!!

    Comment


      #3
      If you have the money and if you have all of the supporting documentation, you can file Monday. As free stated above however, that might not be the best thing to do.
      All information contained in this post is for informational and amusement purposes only.
      Bankruptcy is a process, not an event.......

      Comment


        #4
        If all your income is UI and you're moving to another state, you're next to collection proof to begin with, at least the way I understand it.

        Why file now? It doesn't seem that you have anything to lose by waiting, quite the opposite...

        My $0.02 only...

        Good luck.
        No person in their right mind files a Ch. 13 with lien strip pro se. I have.Therefore, please consider me insane and clinically certifiable when reading my posts, and DO NOT take them as legal advice of any kind.Thank you.

        Comment


          #5
          Thanks everyone for your input. Coming back for the 341 wont be a problem, figured I would have to do that. Am hoping to call first thing Monday morning and see if I can get a consult or two. I guess I feel like I am between a rock and a hard place. What if say, I move out of state with a relative and dont pay rent or utilities (but could only be temp a month or two )how does that pan into everything? I would still have my monthly expenses, i.e. car, food, clothing and looks like according to IRS standards for a single filer etc I wouldnt have DMI by everything as adding these up it looks close to 1k in the amounts that are allowed? Maybe I am looking at the wrong numbers and talking gibberish I dont know. I have had a pretty crappy year and just want all this behind me...

          Comment


            #6
            Originally posted by thelmalouise View Post
            Thanks everyone for your input. Coming back for the 341 wont be a problem, figured I would have to do that. Am hoping to call first thing Monday morning and see if I can get a consult or two. I guess I feel like I am between a rock and a hard place. What if say, I move out of state with a relative and dont pay rent or utilities (but could only be temp a month or two )how does that pan into everything? I would still have my monthly expenses, i.e. car, food, clothing and looks like according to IRS standards for a single filer etc I wouldnt have DMI by everything as adding these up it looks close to 1k in the amounts that are allowed? Maybe I am looking at the wrong numbers and talking gibberish I dont know. I have had a pretty crappy year and just want all this behind me...

            Can't add much except a ::::hug:::: and the advice not to drive off into any canyons. (hehe)
            ~~ Filed Over Median Income Chapter 7: 12/17/2010 ~~ 341 Held: 1/12/2011 ~~ Discharged: 03/16/2011 ~~
            Not an attorney - just an opinionated woman.

            Comment


              #7
              Originally posted by shark66 View Post
              If all your income is UI and you're moving to another state, you're next to collection proof to begin with, at least the way I understand it.

              Why file now? It doesn't seem that you have anything to lose by waiting, quite the opposite...

              My $0.02 only...

              Good luck.
              But at the same time why wait. I never quite understand the advice of "nothing can happen to you so why file now.". I think such advice is short sighted. The sooner you file, the less long term risk, and the more quickly you recover.

              Comment


                #8
                Originally posted by HHM View Post
                But at the same time why wait. I never quite understand the advice of "nothing can happen to you so why file now.". I think such advice is short sighted. The sooner you file, the less long term risk, and the more quickly you recover.
                My point was that OP was 99% collection proof. Some of that old debt (not the judgments) will be beyond SOL in no time if it's not already. Judgments need to be domesticated in the new state to begin with, and even then the creditors have nowhere to collect from...

                As we all know, one can rake up tens of thousands of dollars in medical bills within days if they get sick or injured. That's the other main reason why I would be advising anyone in OP's situation to wait and not pay anyone or anything or file for bankruptcy. In all honesty, I fail to see the urgency calling for BK in this particular case.

                If one could file Ch. 7 more often than we're currently allowed, I'd agree with HMM 1000%...but the laws are what they are.

                My $0.02 only...

                Good luck to all.

                No person in their right mind files a Ch. 13 with lien strip pro se. I have.Therefore, please consider me insane and clinically certifiable when reading my posts, and DO NOT take them as legal advice of any kind.Thank you.

                Comment


                  #9
                  Thanks for the reminder, shark, especially as it relates to health insurance. That is one reason we haven't filed yet. We have none. Thanks Mr. Christie.

                  Keep On Smilin'

                  Comment


                    #10
                    Hi all, Hi thelmalouise,

                    Normally I would go w/ f2b and frogger, you can file in a weeks notice, but that might not be the best idea...

                    a) you should shop around for a bk attorney, find a good fit.

                    b) being thorough in the filing saves heartburn later.

                    I almost cringe saying this, but your case seems like a slam-dunk, unless there are assets or complications you haven't told us about, any semi-competent BK attorney should be able to put together a "skeleton" filing in a week. You move, fill out/sign the rest of the documents and fax them back. Take the credit counseling class online. Of course, rushing anything multiplies the risk of errors exponentially, so caveat emptor...big tax refund doesn't get exempted, could have had the filing fee waived, ex-spouse cheap lawyer screws up creating trips back to Ill., etc.

                    On the income/expenses issue, I think you fall under the "you can't get blood out of a turnip" category. You are so far under median income the means-test is going to be a formality. Schedule I & J are looking forward at your post-BK scenario, but with your unemployment pittance as income, if you plan to eat, bath, and drive a car you aren't going to have any disposable income to worry about. Unless you have some assets you haven't told us about, that 4K Il wildcard is going to be left waving in the breeze.

                    All that being said, there doesn't seem to be any reason to file in a rush. You could move, get settled, find a nice Bk lawyer, mail the filing back to Ill, make one trip for the 341.

                    You are probably poor enough to get the court to waive the filing fee....

                    Whatever path you take, hope it all works out for the best! Keep us posted!

                    Tom in Colo
                    Ch7 filed 5/12/2010.....341 meeting 6/30/2010....report of no distribution 8/15/2010.....discharged 10/01/2010.....closed 11/09/2010

                    Comment


                      #11
                      I'm right there with you, Tom. But, I was right there from the beginning ;)

                      Originally posted by free2breathe View Post
                      ..... It wouldn't hurt to get in to an attorney or two for a free consultation. They would be able to advise you as to the best steps to take at this point. Rushing a bankruptcy for the sake of rushing it isn't a great idea. There are just too many things involved.
                      Filed pro se, made it through the 341, discharged, Closed!!!

                      Comment


                        #12
                        Originally posted by tcreegan View Post
                        Hi all, Hi thelmalouise,

                        Normally I would go w/ f2b and frogger, you can file in a weeks notice, but that might not be the best idea...

                        a) you should shop around for a bk attorney, find a good fit.

                        b) being thorough in the filing saves heartburn later.

                        I almost cringe saying this, but your case seems like a slam-dunk, unless there are assets or complications you haven't told us about, any semi-competent BK attorney should be able to put together a "skeleton" filing in a week. You move, fill out/sign the rest of the documents and fax them back. Take the credit counseling class online. Of course, rushing anything multiplies the risk of errors exponentially, so caveat emptor...big tax refund doesn't get exempted, could have had the filing fee waived, ex-spouse cheap lawyer screws up creating trips back to Ill., etc.

                        On the income/expenses issue, I think you fall under the "you can't get blood out of a turnip" category. You are so far under median income the means-test is going to be a formality. Schedule I & J are looking forward at your post-BK scenario, but with your unemployment pittance as income, if you plan to eat, bath, and drive a car you aren't going to have any disposable income to worry about. Unless you have some assets you haven't told us about, that 4K Il wildcard is going to be left waving in the breeze.

                        All that being said, there doesn't seem to be any reason to file in a rush. You could move, get settled, find a nice Bk lawyer, mail the filing back to Ill, make one trip for the 341.

                        You are probably poor enough to get the court to waive the filing fee....

                        Whatever path you take, hope it all works out for the best! Keep us posted!

                        Tom in Colo
                        Thanks Tom, thanks everyone I appreciate your assistance. Nope nothing left out, definitely a turnip ;-) no assets other than my car and my half of the 15 year marriage personal belongings , which I value at about $100 bucks lol ...So I apologize if I sound like a complete moron but I'm confused about the filing then moving etc. If I understand correctly I don't have to technically file before I move out of state but will need to file in IL with an IL attorney before I live in my new state 90 days correct?

                        Comment


                          #13
                          ...don't have to have an Ill attorney, you can use a locally grown one.

                          The moving is not an issue, you will use Ill BK rules no matter what. You can mail most of the stuff to the Ill courthouse.

                          If you hang around your new place for 90 days or so, you can file in the new place BK court, saving some drive time. (still use Ill rules)

                          So I apologize if I sound ....normal? This stuff is confusing as heck!

                          Tom in Colo
                          Ch7 filed 5/12/2010.....341 meeting 6/30/2010....report of no distribution 8/15/2010.....discharged 10/01/2010.....closed 11/09/2010

                          Comment

                          bottom Ad Widget

                          Collapse
                          Working...
                          X