Question File now or wait?

[bodaad]

Okay here is my situation.
1) have 30000+ unsecured debt, about two weeks ago got a summons for a lawsuit with one of the cards
2) lost my part time job, this jobs income put me over the median income
3) may not have a job at all in 3 months-my career is in education my contract (pay) runs out in Aug.
4) will be moving end of the month to other side of the state

Options that I have considered
1) file now-one lawyer I talked to thought he would be able to 'get' me into a 7 argueing that with my reduced income I fall below the median
2) answer the summons, one lawyer offered to file motions to delay for up to 3 or 4 months for a very reasonable rate.
-then wait to see if I find another job or not then file in Aug or Sept with better idea of where I'll be financially

I want to get this over as quickly as possible, but I don't want to rush into it and do something foolishly, at first I wanted to file before I move, but now I am thinking about waiting until later now.

Any advice would be welcome!

[kenshirley]

Keep in mind that they go back 6 months on income for that means test.
It matters not that you have any job at all, they still look at the last 6 months.
The BK codes currently do not consider the fact that so many are out of work with little prospects of any employment let alone at the rate they were making before this mess started.
That summons is a problem and must be dealt with one way or another. I would not wanting them getting a blank check as such from a court that would allow them to take my pay from my employer.
If you can hold the suit off it may be better than you wait a few months but you will still have the last 6 months of income to deal with.
A new state means new income standards for the means test. I am sure you are aware of that but you might want to look before you move. I would look at the state and area you are headed before I did that.
And I know they ask all at the 341 what your residency was for 2 years prior to filing so I would want to ask an attorney what your planned move will do to you for the BK purposes anyway.

[keepmine]

I'd wait until I was sure I'd qualify for a 7.

[bodaad]

for now I will be staying in state at least through Aug. Then I'll see where the career takes me.