How do you know when is the best time to file?

[3littlebirds]

So I'm seriously considering that if we file C7 I'm going to do it pro se...

Actually, I still need to figure out if DH and I should be filing together or just him, and if he does it individually I'd be doing it pro se for him...can I do that!?

But when is the right time? I just read that in IL we have to do the credit counseling thing w/in 180 days before filing, so obviously we'll have to do that first, but besides that caveat, how do you know when to pull the trigger?

Any insight would be much appreciated!

[Mi Bankruptcy]

I would start by collecting all those documents you need. When you are confident you have everything you need I would start the process. It would not hurt for you to come up with a project/game plan of what you intend to do.

[StartingOver08]

No, you can not file pro se for your boyfriend. You can for yourself - but he will have to do his on his own (you can help with the paperwork and organizing - LOL)!

[JoeBankrupt33]

So I'm seriously considering that if we file C7 I'm going to do it pro se...

Actually, I still need to figure out if DH and I should be filing together or just him, and if he does it individually I'd be doing it pro se for him...can I do that!?

You can fill out all the paperwork for him. You won't need to put your name on it unless you charge him for your services

At the 341, the trustee will probably ask who filled out the paperwork. Then, the trustee will probably ask if he was charged for the service and if he understands that you are not an attorney.

[3littlebirds]

Thanks guys for your responses thus far...

So if he files alone, and I prepare everything, I'm inferring then that I cannot be present at the 341? English is not his first language, so I know he'll be nervous about attending himself. As if all the legal jargon isn't confusing enough for myself, who does speak English as my native language!

And to clarify my question regarding when to actually go ahead and file, some info:

We are not in default on his 2 CC's at this point, but are 24 days late on mortgage. Do we have to be late on the CC's to file?

[3littlebirds]

BTW JoeBk33....he can't afford me! Haha

[lrprn]

So if he files alone....

I noticed that in your original post you referred to him as 'DH' (dear husband). If you two are married, then you can file jointly. If he is your boyfriend only, then you must file individual, separate cases.

...and I prepare everything, I'm inferring then that I cannot be present at the 341? English is not his first language, so I know he'll be nervous about attending himself.

A filer can bring anyone they wish to the 341 with them. Also many courts have interpreters available when a non-English filer has their 341.

We are not in default on his 2 CC's at this point, but are 24 days late on mortgage.

Your priorities are backwards. Pay the mortgage! If you two are certain you are going to file bankruptcy soon, stop paying the credit cards now.

Do we have to be late on the CC's to file?

No.

[3littlebirds]

We're married...just not sure if we'll file together, as we thought we could maybe try to salvage at least one credit history. All our liabilities are separate, the only thing in my name is one CC ($4K) and two student loans (around $5K), and then all our utilities. The mortgage ($194K balance, $1400 pmt not including tax/ins), and two CC's ($10K) are on his name only. We aren't even auth users on each others CC accounts. We are on a very limited income right now, so we figured since we didn't have enough to cover the whole mtg pmt we could at least pay mins on the other stuff...much to the dismay of our fridge and pantry unfortunately!

[StartingOver08]

How much is your house worth? Maybe you qualify for one of those new programs, go here to see if you qualify:

http://www.treas.gov/press/releases/reports/modification_program_guidelines.pdf

[3littlebirds]

It's probably worth about $150K at the moment. Doesn't look like LTV matters with the mod programs but so far we've had no luck with our mtg co. I just don't understand why we have to be [I]really[I] behind to get help. We called them 2 months ago and said, "look, we're gonna be in trouble real soon" and they basically said, "sorry, you're not late yet so there's nothing we can do" - We were trying to be proactive about our problem and now we are forced to just not pay (although we couldn't this month anyway so it didn't matter either way) and then wait to see what happens...we can't live in this state of not knowing anything. At this point, they could drop our payment to $500 and we'd be screwed still...we'd be able to hopefully pay that but then the other bills would go late.

My husband said to me last night, "Four months ago you told me to just relax, everything will work out alright somehow. So I tried to relax, and now look where we are!" He was teasing me, but he was right. I'm always the eternal optimist (it drives him crazy), but one of us has to be! But it's getting harder and harder to be optimistic when we don't know where the next paycheck will come from!

[StartingOver08]

The new programs that just came out about two weeks ago require you to be current. Please look at that, because it is a modification/refinance even if you are upside down. Take a look real quick while you are still 'current'.

[3littlebirds]

I hope that's not true, that we have to be current, because on our banks own website they have a thing where you can enter your SS# and loan # and it tells you if you qualify for a loan mod - it said we do not. We had updated our financial info on their site even before the new loan programs were announced and have been waiting for them to contact us. They give us the run around when we call to ask what the status is and just keep telling us to check back or wait for them to send a letter. We're not sure we want to keep the house anymore since our immediate future (or even not-so-immediate future) is so.......bleak.

But that link was awesome, a good resource for people to have if they think they're not getting the kind of help with their mods that they should be!