Just lost job and filing

[drowningNdebt]

I just lost my job and was planning on filing anyways. However, how will being unemplyed effect my BK? I'm planning on moving within the same state soon. Less expenses. Therefor let my aptartment lease, credit card bills, unsecured loans all go in the BK. I was under the means test but do I even have to take one now? Things are so hard lately. OH and if I reaffirm my car payment of 390 will it pose a problem?

[keepmine]

Yes, the means test is step 1. Step 2 is filling out schedules I and J to to determine if you have dispsoable income.
How are you going to make a car payment with no job? I doubt your lawyer will sign off on a reaffirmation agreement unless they're sure you can make the payment.

I'd put off diling until you have a job with health insurance benefits. You don't want to have a serious illiness uninsured and have already played the bk card.

[queenfluff]

I am unemployed and I just filed. More than likely if you have no income coming in - you will fall under the means even if you are getting unemployment which normally doesn't pay enough for anything.
I think it would make it easier - you obviously have less money for the creditors to take from you if you have no job so I think it can make it less of a hassle. Unles you have money coming in from other sources. I had some 401K money that went as income but other than that I have zippo for the creditors to take from me.

A word about moving though. I think you need to be at your current address six months before you file. At least I had too - so you might want to be careful about that but as long as you are at least in the same state I think you should be OK. I was in living two different states in the past two years so that can be tricky with the exemptions. I had just been back to my current state for six months before I started the process. So I had to use that 2.5 year rule but still end up under my current state for exemptions since I had moved back and forth.

Keepmine made a comment about health insurance. My lawyer asked me about this too - stressing that if I something happens after I do the BK I wont be able to get rid of my medical debts - for me, I haven't had health insurance for 3 years now. I am pretty good health myself because of my diet - I never have to go to the doctor - but true that you never know what will happen. But for me, waiting to get a job - it just didn't happen. You can never know - but you have any big ongoing health issues I would keep that advice in mind.

[drowningNdebt]

I was also thinking of filing where I am now then moving. Possibly back in with my parents in a different state until everything settles and so fourth with the economy. Would I have to wait until after my 341 to move? Since I won't be paying rent at my parents, utilities, etc I could save up some money. I would just have my car note wich is only 390 a month.

[kenshirley]

You said you were just unemployed.
You are aware that the last 6 months of income counts for the BK are you not.
I know that's not fair but that's what they do. You may be in for a surprise.