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Getting ready to file...I hope we are doing the right thing

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    Getting ready to file...I hope we are doing the right thing

    We are getting ready to drop off the money order at the lawyers office tomorrow and begin the process. I am sooo.. hoping we are doing the right thing. We have been living paycheck to paycheck and when that wasn't enough we charged. The short story is 2 years ago we had a baby and I tried going back to my brick-n-mortor job but couldn't due to health reasons so I decided to work from home. It turned out not to be as financially rewarding as I was used to so cash advances and credit was how we survived. Then last fall we found out our son has Autism at the same time we found out we were expecting. My work-at-home was finally becoming profitable and by November 2007 I was back to my old salary. But our son's medical needs were crazy and now our daughter is not well. In February I found out my company was doing away with my department and I have gone to making 1/4 of what I have been making and because of the kids health I can't put them into daycare and work outside the house.

    Basicly we failed the means test here in Ohio but we pass the second part because of expenses. My lawyer told me that we should be alright for a Chapter 7 but I will probably have to tell the judge our families sob story. Because of the old salary and a few other items.

    * First off in September I cashed in $11,000 of stocks to pay of my car and to pay off some other bills. Since this was over 6 months ago I figured I would be alright but the lawyer thinks they might question.
    * Second the car I paid off I traded in and leased a new car so I wouldn't have any equity and we would only have to but one car back. (The first lawyer we spoke to told us to do this-hoping it won't bite us)
    * Third my Mother lost some old bonds of mine and I spent 6 months trying to locate all of them well I got the check in March 2008 and cashed it, it was for $6300. the lawyer told me to do a detailed accounting of the money, I used it to pay taxes, buy very expensive formula (Neocate total $500 per month), pay the lawyer and live on for the past month.

    I need this to go smoothly and as quickly as possible so I can try and find another WAH job to supplement because we are not going to survive long on this salary. The lawyer told me I could work more after our 341 meeting. I guess this whole thing is very confusing to me it goes against everything I have know as correct behavior. I have stopped paying the creditors and the minimum payments dues are scarry at this point, to the point of if I don't do this I don't think I will ever dig us out.

    Well I have vented enough...If anyone has any words of wisdom please post them. I am scared to death to do this and to not do this.

    #2
    I think you've been well advised by the lawyer. He seems to have noticed some points that might cause some looking by the trustee but he seems to be confident that in the end you'll prevail.

    High medical costs will probably help your case. Just have everything in order and I think you'll be okay. I also as the lawyer told you would not work much until after your 341.
    May 31st, 2007: Petition Filed by my lawyer
    July 2nd, 2007: 341 Meeting Held
    September 4th, 2007: Discharged and Closed.

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