Going to file this week - missing anything

[pastaman]

Hi All -

After consideration for the past several years, I think I just need to file chapter 7 and get it over with. I don't have an extreme about of debt (around 17k), so maybe trying to pay it off would be better? Not sure

A little about me:
I will file Pro Se
Current Credit score is 505
Income is around 1200 a month after taxes, insurance, 401k, ESPP, and child support (2200 before)
I currently "live" in my uncles basement, but he just passed away in January, so I will be staying with my girlfriend (have not paid rent since he passed, but 400/month before).
no cars
401k has around 900 in it
bank accounts: one is in the positive 17 dollars right now (use that for paychecks), one is 11 dollars negative.
I am authorized user on my girlfriends phone plan (have phone on there), but not listed on the bill
Assets:
Seriously, everything I own could fit into a small car. I have a computer, tv, kitchen knives, and 1 guitar (worth about 200 bucks)
clothes
My taxes were taken this year because I was behind on child support. Previous few years was taken due to me being behind on student loans
I have around 61k in private student loans, the Federal is around 2200
I have no unusual spending, but I was taking out payday loans (no default, paid back) up until recently.


1) Should I do anything with my bank account? I get paid March 6th. Should I go to paper checks instead of direct deposit?
2) Is the payday loans anything I should be worried about?
3) Is me staying with my girlfriend going to bring up anything?
4) I thought about purchasing NOLO chapter 7, is that worth it?
5) Should I file before my next check?

Sorry for all the questions, but thanks for taking a look. I am so nervous, but after a few years of messing everything up and then paying for it for 8 years, I am ready to do things completely right
Best part is having bad credit really forced me into living within my budget because I always had to pay cash for things.

[LadyInTheRed]

Don't rush to file. You need to educate yourself first. Buy the Nolo book. Make appointments for free consultations with BK attorneys, even if you are going to file pro se.

Is anybody trying to collect that 17K in debt? Is it credit card debt? Have you been sued? Have you even missed a payment yet?

Will you be receiving anything from your uncle's estate?

If no creditors have judgments and you don't owe money to a credit union where your checking account is, then there is no reason to worry about your checking account, except that on the day you file, you want to make sure your balance, without reducing for uncashed checks, is exempt.

I don't know why pay day loans would be a problem for your BK, especially if you don't owe anything. Don't take any more pay day loans! They only make things worse.

Without paying on the $17K in debt, would you be able to pay your living expenses without taking further payday loans? I fear bankruptcy may not do you any good. What you really need is to increase your income.

[pastaman]

Yes, they are trying to collect. Some Credit Card Debt (about 2200) of it, medical bills is a lot of it.
I have not been sued yet (except for student loans) and a old car note (had wages garnished until I got a new job)
I am not paying on anything yet. I have been avoiding all the collection calls.

No I will not be receiving anything from my uncles estate. I have no bonus income or anything planned in the works.
The only creditor that has a judgement is the student loans, but they have not tried to take anything at all

Old payday loans from about anywhere 2-5 years ago are still trying to be collected, but nothing recent.

As of now(with my recent increase in pay), between what I spend on all my bills and what I make is a difference in about 400 in the positive each month. As far as increasing it, I am up for a raise here within the next 4 or 5 months and I am currently back in school to get more education so I can get out of call center work

[keepmine]

$400 of monthly dispoable income will push you into a Chapter 13.
You really need to see a lawyer or, buy that Nolo book and start taking a look at your expenses. Odds are, you probably have more outgo than you think.

[LadyInTheRed]

When you say $400 positive, is that after your food and other living expenses? Does that assume no rent?

Anyway, it doesn't sound like there is any reason to rush.

[pastaman]

$400 of monthly dispoable income will push you into a Chapter 13.
You really need to see a lawyer or, buy that Nolo book and start taking a look at your expenses. Odds are, you probably have more outgo than you think.

I think I do, I was reading through the book and briefly wrote out everything on the last year average and it looks like increasing income is a main priority because I am only about 80 bucks in the positive.
I need to keep reading, but glad I bought it.

When you say $400 positive, is that after your food and other living expenses? Does that assume no rent?

Anyway, it doesn't sound like there is any reason to rush.

That was counting everything (rent, food, bills, medication, etc), but was not including anything related to student loans. After I went through, I think I am more close to the +80 range.
I am working hard to increase income, but I took what I could after being out of a job for several months. Thanks for making me rest easy so I do not rush. Maybe it would be more beneficial to strike a deal with some of the creditors instead?