Bankruptcy Forum

New here with question

o2much
01-10-2007, 03:45 AM
Hello everyone!
I am new here and have spent several hours looking over the posts on here. You all seem like such a wealth of knowledge!

My husband and I are meeting with an attorney for the first time today and I have to say I am both nervous and excited at the same time. We have always taken pride in paying our bills on time, struggling to make sure that we didn't have any overdue bills or overwithdraw our account, but it has just become too much for us.

We moved to a new place and with my husband's history degree in a mostly industrial place, he has had really bad luck in finding a job. Thus for the last 5months he hasn't worked. After struggling to keep our heads above water we just can't do it anymore. LIving off a credit card and maxing it out (all 27k of it). Student loans on deferrment, a huge upside down car payment, etc. it has just become too much.

My question is this: My husband was offered a job but has been waiting several weeks for his background check to come through. Once he secures the job it pushes us over the limit for filing chapter 7.

Should we have him not take the job in order to file chapter 7 or should we go ahead and file chapter 13? Which will have us better off in the end.
(I make around 45k, his new job will have him making about 32k)

Thank you in advance for any advice you may have. :)

HHM
01-10-2007, 04:58 AM
Why don't you just file before the job is offered.

Even if he takes it, the income guidelines are the debtors "prior" 6 months worth of income. So if he has been out of work for 5 months, that is 5 months worth of zero income. So, even if he worked for one month, odds are, you would not be over the median income.

9877donna
01-10-2007, 05:38 AM
HHM is correct.If you file this month they will only take into account your income from July-December,2006.
You hubby can still take the job.It shouldn't affect your filing Bankruptcy right now.
Donna

o2much
01-10-2007, 08:20 AM
Thank you so much for the quick resonses. I am really interested in seeing what the attorney says today about everything.