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    #31
    Daycare expenses are just a phone call away with very little guesswork. A friend of mine had a 3" binder on subject, no kidding This WILL be your biggest expense if you go that route.
    And the medical stuff... well it will go away in a bk anyway so it's almost irrelevant.
    Clothes are cheap and everyone loves to pass on their hand me downs. Garage sales and thrift shops are great sources too. Nursing is free which leaves diapers. (can't encourage the nursing strongly enough, for so many reasons, not the least of which are financial in this case) Those are pricey no matter how you cut it unless you are going to do cloth, in which case you have to pay for a service or deal with the yuck factor
    Around here someone is always throwing out great Little Tykes climbers and kitchens. Keep an eye open for them and grab when you see.

    Keep On Smilin'

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      #32
      Originally posted by wellnowwhat View Post
      I must admit that I am incredibly stressed out, now. Where I thought we were a shoe-in case for Chapter 7 it's looking like that's not going to be the case. I'm especially worried due to the fact that I just paid all of the money we would have paid for debts to our attorney this month.

      I feel like such an idiot.
      Don't go there. You made a decision and it will be fine. You just need to understand things that MAY come up. I wish some of the others would come along. They'll probably say I'm the idiot for making your worry .
      The main thing in BK is that nothing is black and white, things aren't always what they seem, and a good lawyer will figure out ways to work around things.

      Keep On Smilin'

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        #33
        If you've been reading posts, you will see that often folks are encouraged to take out a car loan before filing. Yes, going into MORE debt often makes sense in a bk. Depending on the timing of your filing and local rules, your attorney may suggest you pay more rent. Maybe. What Grandma does with that money post-filing is up to her.

        Keep On Smilin'

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          #34
          Assuming that baby is here, that eats up at least a couple hundred more dollars of dmi for food/groceries.
          However... post bk... you may want to seriously consider some ways to increase income. Not before filing of course.
          Do you usually get a tax refund?

          Keep On Smilin'

          Comment


            #35
            Most of the people on this board- when they finally show up-- (where are you guys?)-- will tell you that even 14K is a lot of debt and that now while you are young is a GREAT time to file. So you will have plenty of reassurance that you did the right thing.
            A few of us tend to be more restrained about filing over (relatively) small amounts. It's that damn student debt thing though. If only we could make that go away somehow.
            Again, sorry for stressing you. Take that walk tomorrow.

            Keep On Smilin'

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              #36
              I wouldn't file for that amount either. However, a BK will not solve their moving forward. Seems that the OP has yet addressed how they got in to debt in the first place and is looking for a quick escape hatch with out a plan going forward to remain out of debt afterwards.

              Originally posted by keepsmiling View Post
              That does change things somewhat. BK may not be the best solution for you right now. That's a pretty low number to file on. What's your interest rate like?
              Have you explored other options? Can you pick up a second job and snowball that debt down? you are fortunate to have such low rent- will you be able to stay there indefinitely? What about deferring the loans?
              Just brainstorming here. You are now going to hear a few different opinions.
              BK is a cannon. Sometimes a pistol will do the job.

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                #37
                wellnowwhat, remember that your attorney knows more about your case than anybody here. If your attorney says it is an easy Chap 7, it probably is. Also, one person's $14K is another person's $100K. Each situation is unique.
                LadyInTheRed is in the black!
                Filed Chap 13 April 2010. Discharged May 2015.
                $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

                Comment


                  #38
                  Originally posted by LadyInTheRed View Post
                  wellnowwhat, remember that your attorney knows more about your case than anybody here. If your attorney says it is an easy Chap 7, it probably is. Also, one person's $14K is another person's $100K. Each situation is unique.
                  I agree with this. We filed for what some would say isn't a large amount compared to our income. We have a LOT of student loan debt which never would have been paid off if we hadn't filed. Can't defer forever. Do what you an your wife think is best for your family.

                  Comment


                    #39
                    Originally posted by wellnowwhat View Post
                    I'm also curious how the allowances work versus actual expenses, but that may be a better question for my attorney.
                    I saw this thread while on my way to bed last night and came back today to read it more carefully. I think answering the above question may help put you at ease.

                    The 2nd part of the means test is based mostly on allowances. But, if the addition of a member to your household will put your income below median, you won't even have to do the 2nd part of the means test. Either way, based on the information you have provided, it sounds like you will have no problem passing the means test after the baby is born.

                    Your expected income and actual expenses are included on Schedule I and J. These schedules look forward based on your situation on the day you file, while the means test looks backwards regardless of what changes have occurred. If your Schedules I and J show you have enough disposible income to fund a Chap 13 plan, the trustee might object to a Chap 7 discharged based on the "totality of circumstances." This is why keepsmiling was concerned about your low rent. But, you don't expect your rent to remain that low, so your Schedule J rent expense might be higher than your current rent. A loss of $1200 a month in income will make a big difference. If your wife doesn't work, childcare expenses probably won't be allowed. But, your budget doesn't include any clothing, personal hygine supplies, vehicle registration fees or household cleaning supplies. Your food budget is low for 2 and will be even lower for 3. You may be able to claim a higher entertainment expense (I claimed $100 for 2 with no problem). I am sure your attorney will know how to complete Schedule J to include enough expenses to avoid a totallity of circumstances objection.

                    It is true that you need to figure out how you are going to live without credit after your discharge. Not only because it is the smart thing to do, but also because the credit cards simply won't be available for a while. No need to stress out about it. You have some time to figure it out.

                    Originally posted by keepsmiling View Post
                    The cc and student loans won't count as an expense. (cc's get wiped out; student loans go into deferral).
                    Student loans don't always go into deferral. Whether they are allowed as an expense on Schedule J seems to depend on local practices.
                    Last edited by LadyInTheRed; 05-20-2013, 01:27 PM.
                    LadyInTheRed is in the black!
                    Filed Chap 13 April 2010. Discharged May 2015.
                    $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

                    Comment


                      #40
                      Originally posted by LadyInTheRed View Post
                      wellnowwhat, remember that your attorney knows more about your case than anybody here. If your attorney says it is an easy Chap 7, it probably is. Also, one person's $14K is another person's $100K. Each situation is unique.
                      I personally think Dave Ramsey would do more for someone with 14K debt than a BK since the minimum payments aren't that much so how will BK really affect outgoing cash flow?

                      Comment


                        #41
                        Just to follow up: Thanks everyone, for your input. I've had some of my stress/anxiety put to rest by what you've all said and some reassurance from my attorney that the case should be pretty cut-and-dry. I've also been asked by my attorney to stop reading things on the internet because it's only increasing my anxiety (I'm not really one to let other people take control, unfortunately).

                        Comment


                          #42
                          I had an attorney tell me the same thing. Then she called me with an estimate on the value of my house that was poorly researched and would have meant we'd lose the house. Go with your comfort level, but don't be afraid of information. It can be worrisome but it can also ultimately be your salvation.

                          Keep On Smilin'

                          Comment


                            #43
                            I had an attorney tell me the same thing. Then she called me with an estimate on the value of my house that was poorly researched and would have meant we'd lose the house. Go with your comfort level, but don't be afraid of information. It can be worrisome but it can also ultimately be your salvation.
                            Did you lose your confidence in your attorney after that? Or was it just sort of a human error thing that you discussed with them and resolved?

                            All of my work in college involved doing research, finding sources, compiling information, and then making arguments and/or presenting information based on that research, so it feels unnatural for me to NOT be doing research on pretty much everything. My current job also involves quite a bit of research and analysis, so my modus operandi is to research, research, research.

                            However, that same research has led to me outstanding reviews of my current attorney from former clients, fellow attorneys, and other people in the legal community in my area, so given that I do think there's some value in letting go and letting him drive the process a bit. I do agree, however, that supplementing that with some research on my own is not entirely bad. The bad thing is letting my fear and anxiety overtake everything else when I find one piece of troubling information that I can't easily confirm or not confirm.

                            Comment


                              #44
                              I freaked out, completely lost confidence in her, and dropped the whole thing like a hot potato
                              This was AFTER a convo about the sad state of our house. I had liked her initially, for reasons such as she was a former tt AND she kept a box of tissues on the table which were sorely needed lol. Then I realized she hadn't actually LISTENED to me.

                              Still haven't filed btw, but for other reasons. We are pretty much collection proof at the moment, have counter-sued a cc and won. Won't be in a better place after filing at this junction- kind of in the same boat as you actually .

                              Keep On Smilin'

                              Comment


                                #45
                                We are pretty much collection proof at the moment, have counter-sued a cc and won. Won't be in a better place after filing at this junction- kind of in the same boat as you actually .
                                How so? Are you having a kid soon, too?

                                I feel like I will be in a better place after filing, if only because the mental exhaustion of having the debt hanging over my head will be gone. And, unfortunately, I don't think that I'm collection-proof, as I earn an income and can foresee garnishments and judgments in my future if I don't proceed.. But perhaps I'm jumping the gun on that.

                                Comment

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