Should I delay filing so Christmas sales are not included?

[stray]

I am finally going forward with BK7 and am happy with the attorney I chose. (Thanks to all the helpful advice here!)

I thought that I was filing in July, so included income from Jan-June (thinking final June figures would be updated just before filing?) But, she wants to file in June because of a summons I received.

DH has a small ebay business and sales were best in December. And my income always drops in summer, so June is my worst month this year. If we use Dec-May, we are still below the median income, but I'm afraid that at a quick glance the fluctuation in his income will raise a red flag.

Atty requested a 10-day stay (I think that how it was phrased) on the summons which puts us at the last week in June. As it stands now I'm set to file in July. She will let me know if we get a notice before then that the case is moving forward. If so, we will file right away using Dec income.

Should I not worry about Dec income and file in June to be safe, or should I just wait 'til July and trust atty will let me know if the case moves forward. She said sometimes they do and sometimes they don't because they know it will be included in BK anyway.

Thanks and sorry for the wordiness.

[despritfreya]

If at all possible I try to comply with my client’s wishes. It is my client’s bk and he/she should be comfortable with all aspects including the timing of the filing. So, if you want to wait that extra week to get to July 1 (even if it really doesn’t matter as it relates to the income - which it probably doesn’t), ask your attorney what could happen if you do not file within that 10 days. Then you can make an informed, intelligent decision as to whether or not you want to wait.

You are only talking about a week delay past the 10 days. If all that has happened is that you have been served with a summons and complaint, generally, the failure to respond means the creditor will apply for a default judgment. In my State that adds at least 10 days onto the state court process - more than sufficient time to file a bk before the creditor gets a judgment and begins collection. Remember, even if the creditor gets a judgment, the moment you file, collections stop.

Des.

[stray]

Thank you des, I think I will stick with my gut feeling and wait 'til July. The last meeting I had was with a paralegal and major personality/bedside manner difference than the atty -- he was very informative and understanding. She had me so nervous by the time I left that I started questioning everything I've done/decided.