About to file & husband loses job

[sunshineMN]

I got a call from our lawyer's office this morning and they just need a copy of my husbands paycheck from last Friday and balances of our bank accounts...then they'd be filing our Ch 13 tomorrow.

BUT....my husband was let go today due to his company's lack of business. They've had numerous layoffs since October of last year, and my husband has survived getting the boot until today.

So, I know I need to call and let our lawyer know what happened....but we'd really like to still file for 13 rather than try to go for a 7 for a few reasons.

I did some math, and I'm sure we can still make our plan work ($200/mo to trustee) with his unemployment. And, husband already has a lead on a job!

Do you think we can just go ahead with filing for ch 13 tomorrow??? Will we get questioned at our 341 meeting???

Looking for some feedback, reassurance, comfort tonight ...before I call my lawyer tomorrow.

[NoTomatoCan]

Just curious - What are the reasons for wanting to do a 13 instead of a 7? Are there mortgage arrears that need to be taken care of or other assets that need to be protected?

[sunshineMN]

We'd have to take out 401k to protect assets...and we really don't want to do that if we don't have to. That's the biggest reason

[lrprn]

First, I'm so sorry to hear your husband lost his job

Remind me....what's the rush to file this week? Can you wait a few weeks or months to see what happens with your husband's possible new employment? You may be able to pay your Ch 13 payments now with his unemployment, but what happens if he can't find a job and the unemployment runs out? (Far too many very qualified folks are finding themselves in this situation these days).

If you can wait to file, it would be better in the long run to do so.

[sunshineMN]

We're going on 10 months now that we haven't been paying on any of our CCs. I fear that at least one of this is going to sue for wages soon. I could hold off a few weeks.....but I don't know that I can put it off for a few months.
I'm so stressed out with all the calls we get in a day....even if I don't answer them.

Would it be ok to file 13 now and see what happens?? If we find ourselves unable to keep up with the plan, then we could always convert to a 7 I think.

Maybe I'll just see what our lawyer has to say tomorrow.