Quitting my job then filing?

[Diesel73L]

I might be doing it wrong, but even filing single and deducting all of my wife's debts and all of the other allowable expenses plus listing our household size as "three" (our daughter will be born in September) I still end up with "presumption of abuse arises" at the bottom. However, my wife and I have discussed me quitting my job (she makes more) and getting some kind of night job (like at a Lowes or somewhere similar) so that I could take care of the baby instead of us paying $800-900 a month for daycare which we probably can't do anyway. Taking an $8 an hour job like that would surely allow us to pass the means test, file for CH7 and get on the road to financial stability despite my much lower income. Would quitting (not being laid off or fired) a few months before filing raise eyebrows? If it did would they at least give me a chance to explain myself? Anyone been in a similar situation?

[messedupinMS]

I can't speak from a bankruptcy standpoint, but if your childcare costs that much, unless you are making some sort of astronomical salary to begin with, you're working 40 hours a week for nothing. After figuring childcare, gas and car expenses, anything else needed for work, there's probably not much left, anyway. To me that is a common sense solution. When I was working, my then husband worked days and I worked nights.....four children and we never used daycare, or relatives, since there were none nearby, and the children were home with dad or mom, where they belonged, not left with strangers.

Sorry I can't answer your bankruptcy question, but I hope you can get things worked out

[keepmine]

I still end up with "presumption of abuse arises" at the bottom

Have you filled out schedules I and J to determine if you have enough disposable monthly income to fund a 13? Remember, the means test is just step 1. Plenty of above median filers have been discharged in a Chapter 7 because of their expenses.
Have you consulted an attorney?

[notforsale]

We file in the morning and my wife quit her job today so we are more in line with where we need to be! After bk go after that low paying job and keep your child at home!

[Diesel73L]

I still end up with "presumption of abuse arises" at the bottom

Have you filled out schedules I and J to determine if you have enough disposable monthly income to fund a 13? Remember, the means test is just step 1. Plenty of above median filers have been discharged in a Chapter 7 because of their expenses.
Have you consulted an attorney?

I have not consulted an attorney yet because I figured that because we kept failing the means test it was hopeless. I guess its time that we do because once the baby is here it's only going to get worse.

[IamOld]

I have not consulted an attorney yet because I figured that because we kept failing the means test it was hopeless. I guess its time that we do because once the baby is here it's only going to get worse.

DIesel it's NOT hopeless!!!!! PLEASE before you decide what to do, consult GOOD bk attys. BUT your plan as others have pointed out, is valid, and certainly paying an exorbitant sum for childcare is not necessary if you don't have to. The only other thing I would say is that if your job is in a field into which it is a) hard to get back to and b) you would want to stay in, quitting may not be a good thing...

BEST OF GOOD LUCK, and talk to a few atty's!!!

[Pandora]

before you quit your job - make sure you run all the numbers and look around to see if anyone is hiring part time. Many have thought of doing just that very thing only to find out that no one is hiring. Maybe look into cutting back your work hours where you currently work vs. quitting all together, is that an option for you?

Dont forget your 6 month look back will come into play as well.