Just a check-in update...

[JEM]

Seriously, I think we're jinxed. Why can't anything EVER go right?

We've been scraping by trying catch up things we stupidly let get behind in order to stay afloat paying credit cards last year. To all those reading, if you are planning on keeping your home...don't let the house payment get behind to pay credit cards. Don't get behind on utilities to pay credit cards. Don't put off doctors to pay credit cards. /soap box.

Anyway, it's been hard trying to play catch up. We obviously want to file a Ch7, and need to be current on secured items.

I've had some medical expenses that have been a lot more than we are used to. Mostly due to a stupid doctor that wants me to come in much more frequently than I have before. Not warranted, but he's holding my medication that I NEED "hostage" (only giving me enough meds until he wants me to come back) Lots of extra lab work (and we get billed for lab work with our insurance, or a good portion of it) I am looking for a new doc, but with the kids out of school, it's hard to "interview".

THEN, the icing on the cake was having our house take a lightning strike last Monday. Really universe, LIGHTNING??!!! UGH.

Structurally, we're fine. Almost everything electrical was fried or damaged. Our AC, our alarm system, the TV's, the game systems, the garage door opener, the desk top computer, my little wine fridge, the ceiling fan won't turn off, the router...the list goes on. And on.

Our deductible is $2000. We HAD to borrow $700 from FIL just to get the AC fixed. We had no choice. I didn't want that hurdle to deal with in filing for BK too. We didn't owe ANY family money. And now we do. FIL doesn't really know that we are planning to file and now we're going to have to list him. The hits just keep on coming. Dh wants to pay him back SOMETHING--I don't know if we can give him ANYTHING before we file. What if we gave him like $20 a week for a bit?

Dh wants to try to sell his AR (gun) to get some of the rest of the stuff fixed. Mainly the alarm system, and the garage door opener. We're not sure about internal electrical stuff yet, an electrician is coming out today to assess. (We are having to pay for estimates out of pocket right now--which the insurance company requires for items over $100)

Will selling the AR be ok? I'm assuming it will be. He will sell it for value and obviously to get things fixed that have to be. Little things can wait for now.

What happens when we get a reimbursement check from insurance company. Can the courts take that? Or count it as income? It will be to replace damaged and broken items or get repairs. We won't "make money" off of this---we'll be lucky if we ever get what we're out.

I'm starting to think filing is NEVER going to happen.

Oh, one other thing. We got a weird weird weird letter in the mail on Sat. from an "attorney" claiming to help people that are being harassed by creditors and collection agencies. It says that they show we've been recently sued by Citibank.

I freaked out and did a search of county court records and turned up nothing. We haven't been served either. (And it's not like we're hiding from them) So, now I'm wondering--was the letter from a collection agency scamming us to try to get us to call them?? Has anyone ever gotten one of these before?


Thankfully, my mom is coming to visit soon--and it will be a distraction. She said she'd take the kids shopping and get them their new school shoes and the rest of the supplies that I hadn't got to buying yet. I was worried they'd go to school with nothing this year.

[SMinGA]

Hang in there - you have been through a lot!!

Selling the gun: should not be an issue. Keep records, of course. Using the $ should also not be an issue. As to reimbursement from the insurance company, I do not know if that would count as income on the means test. Should not have an issue with using the $ though.

For the atty/warrant - the atty is probably an ambulance chaser at best. Its possible that something is in the process of being filed, not sure exactly how to go about checking that. But if this is the ONLY thing you've gotten - probably nothing to worry about. If more solicitations come in, then you'll probably get served soon.

[ssmdem]

On paying your FIL - I THINK - $600 is the limit. So you could easily pay him back half without any problems, I would think. Just because you list him on the filing doesn't mean you can't pay him back after discharge. Pay him half now and assure him you'll pay the rest after you file.

You can sell the gun -- if you're using the proceeds for necessary expenses, there's no concern.

I don't think the courts can take the insurance money since again, it is being used for necessary expenses. Whether or not it could be counted as income, not sure -- averaged into your six month lookback on your income, is it really going to make that much of a difference?

I wouldn't worry about the letter either. File in that circular file and don't worry about it.

[JEM]

As for whether the insurance check is being counted as income. We really need for it NOT to be. It probably would make that much of a difference, unfortunately.

We're still trying to get "right under" the median income limit.

Dh's company is still hiring new people. He is always the one to train them, and therefore gets training pay. So that's boosted his income for the last 6 months at least. Once the company is done hiring that income goes away. But for now, it looks like he makes more than he ever will again. KWIM?

I was hoping that a good attorney could argue that, but I really want a simple BK. Ya, I know, I may not get that ANYWAY.

The insurance check could be $2000. Divided by 6 months, that's over $300/mo. in "extra" income.

My biggest, deepest, dark fear is that we'll end up in a 13, required to make some huge payment based on income that we don't *really* get on a recurring basis. That all of these "one time" monies we got, or temporary increase in income months will get counted and they'll come up with some huge trustee payment based on those numbers. It's started keeping me up at night.

And we just don't have the time to wait it out anymore.

We're in TX and they can't garnish, but they sure as heck can sue and attach banks.

I pray every.single.day for time to be on our side. It's what we need more than anything right now. More time.

[ssmdem]

I understand - kinda in the same boat myself. Having to wait until December to file because of past income, and I'm scared to death of credit cards suing before then. If we could file just a couple of months earlier, I'd feel better but not looking good for that.

[JEM]

I understand - kinda in the same boat myself. Having to wait until December to file because of past income, and I'm scared to death of credit cards suing before then. If we could file just a couple of months earlier, I'd feel better but not looking good for that.

I totally understand that. It seems our plan to file keeps getting pushed further and further out.