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How long do I wait to file?

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    #16
    You are just a bit over the median (I think) and that is probably why you will end up in a 13. I am guessing your family is 3 people?
    The guy you should really talk to & keep an eye out for is Lefty. He has not been on for a long time. He went back & forth with different attorneys who all said 13 only, and finally found one who got him the ch7.

    Even if you have to do a 13, that is still not a bad deal for your situation & for what you want to change. I think with those figures you are going to have way more than $200 left each month which is another reason for a 13.

    How long ago did you by the furnace? and that is on a secured debt, right? He is right that you might have to deal with that bill too.

    The only other way I can see is to get an apartment for about what you pay now in your mortgage(s) to get through it & be strapped for a year to that.
    I will have a look at Indianas exemptions & see.

    One nice thing with your tax return & a nice bonus, they might use that toward the plan & pay it off sooner.

    You never said but how much school debt is there?

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      #17
      My family is just 2. Me and my daughter.
      The furnace was about a year ago and it is a secured debt.
      10k in school debt.

      I talked to a second attorney over the phone today. And without telling him what the first said he also said it looks like 13 is the only option. I had set up a consult but got the letter via email that then told me to bring $100-$150. I called and cancelled because they did not tell me that over the phone and I know that the consult should be free. They said that they only do free phone consults. So I will keep on looking for another lawyer that isn't going to play games. The first one still seems ok but would like to get at least one more opinion if not more.

      Thanks so much Bandit for your info. It has helped a great deal in easing my mind.

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        #18
        I can not stay off of this site!! It is very informative. I think I have decided to no matter what keep on talking to a few other lawyers and then wait until after I get my tax return and maybe my bonus. Since I just this month stopped making payments I think that I have at least a month or so if not longer before any action takes place with any of the creditors.
        Then I will file when it gets to looking like more than just phone calls are going to start.
        The bid thing I am worried about is my work AMEX as I posted on my other string. I was hopefully trying to prevent my work from finding out since it is such a small office. Looks like that could go either way even though the AMEX is not on my credit report. We will see. if they do find out and don't like it then oh well. That is all I can do.

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          #19
          I called almost every attorney in the entire county just for practice & laughs. You dont have to drive there to ask questions on the phone. That one who insisted on a downpayment? That was a good sign not to go back.

          You definately are on track with your timing and patience. Put some of the bonus into a good place that no one can get at it, like your retirement 401.

          as far as work finding out, if any of them call trying to collect then they wil know but other than that play it by ear for awhile. Not everyone has to know your business until you are sure when & what you are going to do & until you have no other choice.

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            #20
            OK- I just realized that I don't think my original question was ever really answered. I got sidetracked with all the good info.

            If I just stopped making payments this month- everything is current before December.
            I will prob get about $1500 in Feb on tax return.
            Could possibly get like $3000 in Feb or March for bonus check
            I have a vacation (i know it sounds bad) but it is already paid for the first week of April

            If I file now then how long do you think before I have to move?
            Would something need to happen like a court date or something while I am on vacation.
            Will I be able to spend $ on my vacation? I will have $ obviously since I am not paying all my bills
            Will my bonus and tax be counted toward the unsecured payments that I might have to pay if I end up having to do a ch 13? or will it go toward the secured payment

            Or

            Should I wait it out and dodge the phone calls until after my vacation and only use cash on my vacation?
            If I do that then do you think anything other than phone call could happen between now and April 10th?

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