Am I breaking the law?

[husky6767]

I was laid off in March and have been on unemployment since. I live in Illinois and have 2 children and am now a stay at home dad.

I have was a real estate investor/landlord and they are all in the process of foreclosure.

I am doing volunteer work only but not getting paid. I believe this is within the boundaries of the law. I have no assets other that a pickup truck.

Should I just file a chapter 7? Should I wait for all the investment homes to foreclose first?

There must be some investors here in the same predicament!

Thanks,

-husky

[AngelinaCat]

I can't answer about the rental properties, but IMO, you are a perfect C7 candidate. If the trustee wants to declare you an asset case and attach the properties, I'd give them to him. More likely he would decide to 'abandon' them.

Good luck to you, and hug the kids.

[husky6767]

Preparing...

Having had income (severance etc.) does it make most sense to wait until my 6 months is solely on unemployment income?

Can they tell me I need to get a job?

I like being a stay at home dad.

-Husky

[AngelinaCat]

Yes, they can tell you to get a job. I am supposed to have gotten a full-time job, or at least another PT to supplement the PT job I already have, and the UC for my former FT job. But we are in a depressed area, and one of our major employers here have laid off several people. The FT job I had an application in for, I did not get........

[husky6767]

Or - I what if I am a stay at home dad?

I cannot afford to pay daycare for all the kids....

Better off to stay home.

I had a job - they ran my credit - lost the offer.

-Husky

[epiphany]

Yes, they can tell you to get a job. I am supposed to have gotten a full-time job, or at least another PT to supplement the PT job I already have, and the UC for my former FT job. But we are in a depressed area, and one of our major employers here have laid off several people. The FT job I had an application in for, I did not get........

Is that true? I thought it was the opposite. I thought that they didn't do that???

Unemployment can tell him to get a job but the trustee?

Just checking.

ep

[AngelinaCat]

Hi ep:

The trustee did not tell me that face to face, but in the buy-back agreement, there is language to the effect that the buy-back is to be funded by me obtaining employment.

[AngelinaCat]

I cannot afford to pay daycare for all the kids....

Better off to stay home.

I had a job - they ran my credit - lost the offer.

-Husky

I know. And the kids will benefit from having a stay at home parent. Is there something that you could pick up part-time in your neighborhood that you could do from home?

[hnhlvr]

How old are your kids and who watches them while you're volunteering (and how many hours per week do you do that)?

[epiphany]

Hi ep:

The trustee did not tell me that face to face, but in the buy-back agreement, there is language to the effect that the buy-back is to be funded by me obtaining employment.

Ah. Well in a buy back, I can kinda see it cause they want to make sure that they get theirs. But if there is no buy back I don't think they would tell anyone to get a job. Could be wrong but that's my take from things I've read here.

ep

[AngelinaCat]

Ah. Well in a buy back, I can kinda see it cause they want to make sure that they get theirs. But if there is no buy back I don't think they would tell anyone to get a job. Could be wrong but that's my take from things I've read here.

ep

I'm not sure either. I'm just telling of our experiences. Of course, remember that we were the ones needing the marriage license, when it seems to be a non-issue for everyone else.

[danaf]

You do not need to tell anyone, your lawyer or the trustee that you are volunteering anywhere for free so I see that as a moot issue. And they also cannot tell you to go back to work (although my husband would like to be a stay at home too and that would cause a divorce with us).....

More to the point, you need to figure out you & your wives salary for the past six months and take the means test. If you are over due to severance, then yes, wait. If not, then no need to wait, unless you charged up cards and/or taken cash advances.

[TEW]

Husky
I am amazed that is a man stays home to take care of the kids he thinks he is doing something wrong.
You really haven’t give enough info here to say for sure what you may want to do but I would say you need to get a lawyer and file with those properties going into foreclosure. You maybe most likely will be held responsible for any deficiency on those properties so you need some type of protection.

[husky6767]

Staying at home...

The best job I have ever had is staying at home with my baby girl. We are not legally married so my income is not needed. Is it ok to live with a supportive 'friend' in Illinois? What are the chances that I will be investigated in a chapter 7 case? Should I get a cheap apartment -or- is living with my well-to-do friend ok until I get my Chapter 7 out of the way?

-Husky

[biotechsolution]

your going to have to include her income in your means test, especially since you are unemployed and a stay at home parent. The trustee is going to figure someone is supporting you. I might be easier to get a part-time job to show at least some income. Then you would only need to take the part of her income that is contributed to the household. If your not working....then they are going to figure then it would be just her income. And if you are above the mean.........they you may be looking at a 13.........but that would be one heck of a test case......being forced into a 13 without a job.