Bankruptcy Forum

Short term disability and chap 7 filing

2live
12-08-2008, 08:01 AM
I am currently recieving short term disab. at 60% of my regular pay and have been unable to work since reoccurrance of breast cancer and now undergoing more chemo. Recieving the benefit is a challenge in that they approve it at 1-2 months at a time, making me and my oncologist jump through new hoops each time. They should just ask us to sign in blood that we're not trying to get something for nothing! Anyway, now I'm only approved thru Dec. 29th and more hoops. So what happens is I miss 1-2 weeks of STD payments per month whenever they stall.

Question: should I keep paying my retailers, they have always been current, or hold back and pay the house, food, car and just wait to file BK 7 which I plan to do as soon as I save up fees. If I had the reassurance the STD payments would be not so challenging to keep them coming, then I could safely pay everyone until March when the STD is for sure completed and I only have newly approved SSDI to count on--but that doesn't start till March.

mrbsf
12-08-2008, 08:42 AM
2live,

I wish you the best in your treatment and hope you have a positive outcome. I would say in your current situation you should focus on food, shelter and transportation. If you are planning on filing a Ch. 7 as soon as you have the legal fees, then I would stop paying the unsecured creditor's. Pay for your necessities only. Use any remaining money to fund your bankruptcy filing. You may receive some collection calls before your file date, but don't sweat it. Just tell them your in the process of filing for bankruptcy and refer them to your attorney.

2live
12-10-2008, 06:21 PM
Thanks mrbsf! If the short term is deposited in my checking acct and the attorney sees this but I don't pay the minimums on my cc's, does that "look bad"? Or should I just deposit enough to pay the dr. bills, gas, food and mortgage? I use a debit card to pay for these things and I understand 60-90 days look backs seem standard.
I know everyone has their experience but I've read some say keep everything current until you file and others say don't pay if there's any hardship at all.

BigJohn
12-10-2008, 08:21 PM
Being you are going to get SSDI, you have an income coming. As for paying your bills, pay what is mandatory such as house, car and food. Use the money that would have been spent paying other bills to pay for your lawyer. Stop paying your credit cards.

Your lawyer should help you as to when to file.