Met with attorney - have to wait until maybe next December to file

[basketsbears]

Met with attorney & since my husband is receiving VA educational stipend, if we file now, will be a 13. I don't know what the payment is yet for that - although on one form it showed we had $300 left, but she said once it is figured it could be higher.

She highly recommends that we wait until he graduates which will be in December (he is going to try and move that up to May/August) if he can, then our income will go down by about $820 per month and I guess we would be negative (I just thought of that myself).

She said that she is not worried about the house that is being foreclosed on - that will be at least another 8 months and we want that to happen to get it over with. We stopped paying credit cards in November and she said that if we get sued, we could file earlier a Ch 13, and then probably go to a 7 in a few months after that. But she would prefer not to do a 13 at all. She said sometimes the credit cards don't take as long as the mortgage companies to file suit, etc. She wants to avoid my wages being garnished. They cannot touch my husband's income.

We are going to look into some other things to do such as term life insurance and let her know about that. She said she did not want us to take on expenses, and then when all is said and done end up not being able to pay bills, etc. So she didn't want us to do things just for getting a 7, and then having problems after.

I so appreciate her honesty so very much. We were both a little disappointed on not being able to file now, but that is why we retained her.

Just wanted to give updates on everything that has been going on. Has anyone waited almost a year before they filed?

Thanks again everyone!

Lynn

[JessMN]

I waited over a year because of some payments I made to my mom - they were significant enough that I didn't want the court to go after her for preferential payments. In the meantime I was sued by a creditor and ended up with a judgement but that has been vacated now so its all good

[basketsbears]

Thank you for responding. It seems like that is so far away, but I know it will be here before we know it.

It is hard to get used to the idea of being "sued" or my wages garnished, etc.

I am glad though, that she has taken the time to look that far ahead for our best interests.

Glad it turned out well for you.

Lynn

[tobee43]

i'm just so surprised this is income is not covered under the ss act. i know back in 2008:

in re Waters, 384 B.R. 432 (Bankr. N.D. W.V. 2008). Chapter 13 trustee objected to confirmation of debtor's proposed plan on basis that plan failed to commit all of debtor's disposable income to plan. Court held that debtor's veterans benefits had to be included in calculation of debtor's CMI as such benefits did not fall within an enumerated exception to CMI. wish i could find some type of decision that turned it over. however, i know income like unemployment insurance is counted in some places and protected by ss act in others. enough to drive a body mad!

just doesn't seem right!!

if it makes you feel any better we waited just over 2 years to file with no problem. it simply is going to be what is best for you. i know waiting is hard, but it will be worth it in the end.

best of luck!

[basketsbears]

Thank you!

[Drazil65]

Interesting...what are the chances your husband can graduate sooner? If you think about it next December is less than a year away and with Feb. coming up next week it is really only 10 months away. Many of us waited 6 to 8 months to file from the time of the decision so you are really not that far off. Lots of time to get everything in order and if he does manage to graduate early then all the better. Good Luck!

[basketsbears]

Interesting...what are the chances your husband can graduate sooner? If you think about it next December is less than a year away and with Feb. coming up next week it is really only 10 months away. Many of us waited 6 to 8 months to file from the time of the decision so you are really not that far off. Lots of time to get everything in order and if he does manage to graduate early then all the better. Good Luck!

Thank you. He is going to check to see if he can graduate this summer instead. Meanwhile some of the things I was worried about, new truck, owing money to my employer (hospital) won't be a problem by waiting a few more months. I know time will fly by - I had wanted to file this past December - shows how much I know! lol

[Unibrow]

I had to wait for over a year due to moving around for family members. I did it when I had no financial problems, but it did delay my bk filings.

As long as you find ways to stop creditors from calling you everyday, then a year will pass by quickly. I switched my number to a google voice number and was never contacted directly by a creditor. Everyday, I would go on the web and delete all missed calls and voice mails. The only time I was annoyed by them was when Chase filed small claims on me. That was when I filed bk.

Sounds like you're atty is competent and think long term for you. Good luck with everything.

[GoingDown]

If you have to wait until next December to file, then do what I did... find out how to make yourself as judgment proof as possible and brace for impact in case anyone bothers to file a lawsuit against you in the meanwhile.

[basketsbears]

Thanks for all the support. My husband's stipend will probably end at the end of summer, so he spoke with our attorney and she said we will shoot for August!!! I'm so happy.

BTW - how do I make myself judgement proof???

[GoingDown]

Thanks for all the support. My husband's stipend will probably end at the end of summer, so he spoke with our attorney and she said we will shoot for August!!! I'm so happy.

BTW - how do I make myself judgement proof???

They mainly go after these things...

1. Wages to garnish
2. Checking accounts / savings accounts to garnish or seize
3. Real estate to put a lien on

This is what I did...

1. Become self-employed, and/or do temp jobs.
2. Close all checking /savings accounts and use nothing but cash, money orders, and pre-paid debit cards.
3. Rent instead of owning.

[basketsbears]

Well, I can't do numbers 1 & 3. My attorney did say if we get sued, she would file her appearance, and if we needed to file at that point we will before they garnish wages. Still stressful to think about it though. If we file earlier, then we would be a 13 and convert to a 7 at end of the year.

Thanks again!

Lynn

They mainly go after these things...

1. Wages to garnish
2. Checking accounts / savings accounts to garnish or seize
3. Real estate to put a lien on

This is what I did...

1. Become self-employed, and/or do temp jobs.
2. Close all checking /savings accounts and use nothing but cash, money orders, and pre-paid debit cards.
3. Rent instead of owning.

[mountanddo]

They mainly go after these things...

1. Wages to garnish
2. Checking accounts / savings accounts to garnish or seize
3. Real estate to put a lien on

This is what I did...

1. Become self-employed, and/or do temp jobs.
2. Close all checking /savings accounts and use nothing but cash, money orders, and pre-paid debit cards.
3. Rent instead of owning.

I worked temp jobs for the last two years and just recently got a permanant position. Working temp jobs is stressfull enough when you have no choice but to use it for an escape from wage garnishment is crazyness. I would much rather be thrown into a chapter 13 and convert if I had to than have to worry about my employment ending at anytime. Contrary to what some think, temporary jobs are not that easy to get anymore. I worked for the most part but there were two stretches of time inbetween of 2-4 weeks that I didn't work. I didn't get paid for holiday's or if I was sick. Needlessto say I spent the last two years "catching up". It's not a very good tactic for hiding because if you quit one temp job to avoid garnishment who's to say you will get another one. Add to it the stress of going from one job to another and learning a new job every few months. Sounds good in theory however execution may end up being more stressful than just filing.

[basketsbears]

MD - I agree. I am a nurse, and ever since the economy went down, the atmosphere for nurses has changed greatly. The jobs are not as plentiful as they once were, and "temp" jobs are very, very risky. I am sticking with my part-time job until I graduate in May 2013. I am just going to take a chance on being sued before we file in August.

Thanks everyone for the great support!

I worked temp jobs for the last two years and just recently got a permanant position. Working temp jobs is stressfull enough when you have no choice but to use it for an escape from wage garnishment is crazyness. I would much rather be thrown into a chapter 13 and convert if I had to than have to worry about my employment ending at anytime. Contrary to what some think, temporary jobs are not that easy to get anymore. I worked for the most part but there were two stretches of time inbetween of 2-4 weeks that I didn't work. I didn't get paid for holiday's or if I was sick. Needlessto say I spent the last two years "catching up". It's not a very good tactic for hiding because if you quit one temp job to avoid garnishment who's to say you will get another one. Add to it the stress of going from one job to another and learning a new job every few months. Sounds good in theory however execution may end up being more stressful than just filing.

[anafan]

If the creditor doesn't know where you work they can't garnish. Have you applied for credit and disclosed your place of employment when you applied? If so, your POE is probably listedclosed on your credit report. If no, it isn't.

The only other way to find out is to call you into court for a debtor's exam. They have to have a judgment in civil court to do that.

Putting a lien on your property just means if you try to refinance or sell your property, the debt gets paid off the top.

If you keep your money out of banks and pay bills with money orders then you are safe that way.

I have been at the same job for 14 years. I've applied for credit many times supplying my POE information. I ran my credit bureau before I filed and it still had my old place of employment listed....not my current. So run your CBR, all 3, and see what's on your report. You never know until you check.