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Getting anxious to file, but I guess I need to be patient

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    Getting anxious to file, but I guess I need to be patient

    Hi,

    Now that we have made our mind up to file, I want to do it now, although our attorney wants us to wait until taxes are completed so we will know if we get a refund or have to pay. (I know, cooler heads prevail).

    Were any of you just ready to get going and waited to have a better outcome? Any "words of wisdom" on the best way to prepare? I have read numerous threads, but just thought I would see if any new ideas. We have stopped paying on unsecured creditors, timeshare maintenance fees and debating on homeowners insurance as we have received letter with intent to foreclose. We were just due to pay the monthly premium on that the end of November, so not sure what we are doing with that. The renters we had that were not paying have been notified to move out, and we are checking to see if they did in fact move out (the house is a couple of hours away). We don't plan on having utilities turned on. Should we make sure we file BK before the actual foreclosure happens? How long does that take now?

    Also, as a side note, for two of our grandsons, we have 529 account of about $550 each or about $1,100 total. How do the courts treat that. I think one attorney said in Indiana we can have $600 cash - are those accounts protected? Do they take the extra $ out and give it to creditors? Can we withdrawal money now if they are just going to take it?

    We will be meeting with the attorney we will go with to pay her $500 fee to go over in detail all income/expenses, etc and determine if chapter 7 is the way to go. Like I said in previous post, I just found out that my income possibly is going to decrease next month and I'm a little nervous about everything at this point. If it goes down to 8 hours week, even counting my husband's VA, and retirement (civil service, not VA) our future income is below means test.

    Thanks again everyone for being so patient answering all my questions.

    Lynn
    Last edited by basketsbears; 12-04-2011, 09:57 AM.

    #2
    Here is an article that explains how 529 education accounts work in Bankruptcy. Happy reading!

    Manage your debt with advice and tools from Bankrate.com. Find out how to consolidate your debt, apply for debt relief and more.
    Filed 11/17/11 Chapter 13, 341 meeting 12/21/11. Plan confirmed 1/19/12 - DISCHARGED 12/16/15

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      #3
      Once we made the decision to file back in July and started consulting with attorneys, we were so anxious to get going. BUT, we realized that we needed to get our ducks in a row before the actual filing. We wanted to have at least 6 months between us and the last CC useage and a couple of other things that we wanted to have in order. We wanted to use time as our advantage and with a solid goal in mind we set out to do what we had to do to accomplish it. We filed last Friday (12/2) and everything so far is in order and went smooth. Our attorney is not worried about any tax returns for us as if we rec'd one it would not be over $1,000. Be patient and use this time to do your homework and to get everything in order, it will be time soon enough. Good Luck.

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        #4
        We planned for nine months to be sure we had everything in our best interest. Money got real tight but we did it and so far it has been worth it. While it may not seem like it, preparing for BK has already put you on the road to a fresh start. Sounds like you are doing all the right things. I would try to get liability insurance to cover you for any accidents that could occur on your property while the title is still in your name. Cover your risk but not the house property damage risk. I am sure your lawyer will have other actions for you to take. Best of luck
        Lawyer - $3000
        Filing fee - $299
        Fresh Start - Priceless

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          #5
          I'm in the same boat. Hurry up an wait. I wish I could just get this overwith.
          Filed Chapter 7: March 19, 2012
          Discharged! June 28, 2012
          Closed! August 8, 2012

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