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    #1

    Crazy idea?? Need Opinions

    Ok this may sound crazy but I am a little crazy so here goes:

    My current status is - I have paid the retainer fee to the attorney. I was hoping to file mid/late Nov (due to $$)

    I am behind in propery taxes - I have to pay $1800 before March 31st.

    I have one judgment (awarded 8/10) - mailed the financial fact sheet to them in Sept. Haven't heard from them since. The bank account I listed on the fact sheet is now overdrawn and on the verge of being closed. I filed head of household expemption with the court. No hearing has been set yet.

    1 court case is on hold due to my pre bk status. The last one was voluntarily dismissed today (unsure of the reason).

    Here is the crazy part - What if I wait to file until Feb after my tax refund is spent on paying my property taxes? If I wait till Feb then I wouldn't have to worry about being late on my mortgage and car when I file. I would be on time then.

    Does this sound to risky or dumb?? Or should I just get it over and done with and file being late on my mortgage and car?
    "I DECLARE BANKRUPTCY!" Ch 7 Filed 7/15/11 * 3 Minute 341 8/19/11 * Discharged 10/20/11
    Tags: None
    #2
    So, does the head of household exemption mean they can't garnish your wages? If so, I'd wait it out. Just keep your money out of bank accounts. It is possible for your judgment creditor to find other accounts, even if you opened them after filling out the financial fact sheet.

    There is always risk to waiting it out. But, there is also a risk of losing your house and car if you file while late on those payments.

    Run the idea past your attorney.
    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

      #3
      In FL they can't garnish HOH wages. I believe I have to have a hearing on that. And my bank accounts are protected for 6 months b/c they are joint accounts. After 6 months they can levy any account they find without warning.

      I've spoken to my attorney and he said being less than 30 days late on my mortgage at time of filing shouldn't be an issue as long as I could get caught up before discharge date. I would be caught up in Jan so if I filed in Nov I'm thinking discharge wouldn't be till Feb anyway.

      I'm pretty sure I'm going to file in Nov. I just had a crazy moment.....lol
      "I DECLARE BANKRUPTCY!" Ch 7 Filed 7/15/11 * 3 Minute 341 8/19/11 * Discharged 10/20/11

      Comment

        #4
        Freddy your crazy moments are confusing me...LOL.
        Stopped paying: 08/10, Filed CH7: 08/27/10 , 341 & No Asset Report: 10/6/10, Last day to object: 12/06/10, Discharged: 12/07/10, Closed: 12/08/10
        AHEM.....NOT AN ATTORNEY, NOT ADVICE, ETC, ETC

        Comment

          #5
          Originally posted by ccsjoe View Post
          Freddy your crazy moments are confusing me...LOL.

          Me too....LOL
          "I DECLARE BANKRUPTCY!" Ch 7 Filed 7/15/11 * 3 Minute 341 8/19/11 * Discharged 10/20/11

          Comment

            #6
            Ok I'm back on this again this morning. I'm seriously starting to think I might need some professional help to deal with my craziness....LOL

            I'm really stuck on giving up the tax refund and not having the money come March to pay the taxes. So I called the paralegal for my attorney today and she stated the following:

            1. If I file now - the tax refund is going to the trustee - no question.
            2. If I file towards the end of Feb and the refund is long gone and spent - it's really up to the trustee if they would want me to pay it back. She said it's a 50/50 shot. But since it's going straight to taxes she isn't really sure.

            It all depends on if I can hold the judgment from trying to collect until Feb.

            I also have to keep in mind that I will most likely have to pay the trustee some money for my husband's car. About $1500. Not sure where that is going to come from either.

            Urgh!! Anyone have any suggestions?
            "I DECLARE BANKRUPTCY!" Ch 7 Filed 7/15/11 * 3 Minute 341 8/19/11 * Discharged 10/20/11

            Comment

              #7
              Originally posted by Freddy03 View Post
              Ok I'm back on this again this morning. I'm seriously starting to think I might need some professional help to deal with my craziness....LOL

              I'm really stuck on giving up the tax refund and not having the money come March to pay the taxes. So I called the paralegal for my attorney today and she stated the following:

              1. If I file now - the tax refund is going to the trustee - no question.
              2. If I file towards the end of Feb and the refund is long gone and spent - it's really up to the trustee if they would want me to pay it back. She said it's a 50/50 shot. But since it's going straight to taxes she isn't really sure.

              It all depends on if I can hold the judgment from trying to collect until Feb.

              I also have to keep in mind that I will most likely have to pay the trustee some money for my husband's car. About $1500. Not sure where that is going to come from either.

              Urgh!! Anyone have any suggestions?
              ok...let's take this just one step further and this is JUST a thought...why NOT wait until march or april even better...then the taxes are a non-issue.....

              the judgments can be vacated after the discharge...so that's also a non-issue.

              the issue really...IS....freddy...can YOU hold it together until april?? I VOTE YES you can...we hired our atty 2 years before we filed......

              p.s. we have our own florida discussion group now...come on and join in!!
              8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

              Comment

                #8
                Ooohh where is the discussion group? Can you send me an invite?

                I am just so darn confused about this. I really want to file soon to prevent anymore lawsuites and really can't afford to have my wages garnished or bank acct levied. But I'm not sure if I could pay my taxes before March 31st without the tax return.
                "I DECLARE BANKRUPTCY!" Ch 7 Filed 7/15/11 * 3 Minute 341 8/19/11 * Discharged 10/20/11

                Comment

                  #9
                  Originally posted by Freddy03 View Post
                  Ooohh where is the discussion group? Can you send me an invite?

                  I am just so darn confused about this. I really want to file soon to prevent anymore lawsuites and really can't afford to have my wages garnished or bank acct levied. But I'm not sure if I could pay my taxes before March 31st without the tax return.

                  i think you should or could hold the lawsuits...somehow...just call them and tell them you'll pay them 10 bucks a month...and then when you file you hit them hard. also in florida there are no garnishes on your wages...plus by the time they get there you'll have filed.

                  i know it seems nuts... we held them at bay for about 2 years and not one lawsuit...NOT that i'm saying it can't happen but you have some choices to cause delays...i.e. you served a summons..you answer...changes are..really if they are over the limit for small claims, it's really doubtful they will run out and spend all those filing fees etc., plus they usually have to wait longer for a court date.

                  that being said...even if you were served, answered...(another 30 days or so have now past) then you get an order to appear...go in front of the judge and say...i will try and pay them $10 a month, but it's the best i can do right now....you go home...pay them for a couple of months $10 a month then WHACK them with the bk auto stay...a plan...if you can hold on just a bit...

                  i do understand that each motion to vacate may also cost you additional legal fees...so you will need to measure...or weigh out which is the best course of action for you....
                  8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

                  Comment

                    #10
                    Dang you special Floridians!
                    Disclaimer: Young, NOT Dumb.(._.) The plan: $480 monthly for 60 months at 100%. 07/12/08
                    Motion to Discharge: FILED!! 08/07/13
                    60 down/0 to go \m/(*.*)\m/ 100% complete!

                    Comment

                      #11
                      Originally posted by NowImDownInIt View Post
                      Dang you special Floridians!
                      LOL I don't think I'm that special b/c our exemptions are pretty low.

                      There are rules for garnishing wages. You have to claim (and be approved by the judge) head of household.
                      "I DECLARE BANKRUPTCY!" Ch 7 Filed 7/15/11 * 3 Minute 341 8/19/11 * Discharged 10/20/11

                      Comment

                        #12
                        Ok so the hub and I had a long talk about when we are going to file. And we have decided (for now) to wait it out and try to file as close to April as we can. This of course will depend on if the judgment stays quiet until then. If we have a garnishment hearing before then we will have no choice to file sooner.

                        If anyone else has any opinions on this please chime in
                        "I DECLARE BANKRUPTCY!" Ch 7 Filed 7/15/11 * 3 Minute 341 8/19/11 * Discharged 10/20/11

                        Comment

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