Help Help Help!!!

[PixieDust]

Oh my gosh, it's getting waaaay down to the wire! I have afew questions, and I relly hope someone can answer them. I'm really starting to freak out. My husband and I are filing ch7, pro se (I think that's the term - by ourselves?) using the form7.com software. We live in PA, just outside of Philly. I was just looking over the things to fill out and there is a little check box that says "Debtor has been domicile in this District for the preceeding 180 days." Does this mean that we have lived here for at least 180 days? We haven't. We moved to PA in April from AZ. Do you have to have lived somewhere 180 days before you can file? If so....oh my gosh. If that's the case, then does anybody know how the laws are supposed to change after Oct 15th? Next question: My husband just started a new job this month. In 90 days he will start having $86 removed from each pay check. Is there a way to list that? Next: We just agreed to have our 2nd car voulentarily repossessed. Was this a bad thing to do? If so, we haven't sent the papers back in yet, so we can always change our minds... Also, if there is no way to do this pre se (I'm getting kinda freaked out) is it to late to get an attorney? thanks sooooo very very very much for any help anyone can give me!

[StaciMM]

First, I think you'll be ok!

I misunderstood the 180 day thing too. From what HMM & others have said, you file where you've lived the majority of the 180 days-so you're ok. Just answer the questions honestly, it will probably ask you to indicate the dates & former address.

I *think* you can include the expense starting in a few months. Afterall, your 341 will be at least 30 days - if not more - after you file and so then you'll be 1-2 months from the expense. I read on here somewhere (well, maybe not here-I frequent 3 BK boards) about someone who found out she was pregnant after filing but before the 341, and the attorney mentioned that at the 341. I think they may have been borderline w/ expenses & income before that, but the attorney let it go w/ that bit of info. I'm guessing this is for medical insurance or something similar. It wouldn't hurt to have something on hand to document it.

About the car... If they repo it now, even voluntarily, they can report such on your credit report. You would include the account in BK still so they can't charge you the difference in what you owe & what they get for it. They would be allowed to report afterwards that it was a voluntary repo & included in bankruptcy, no balance due. OR you could hold off on that, file, and indicate you're surrendering it in the BK. Then call, find out where you can leave it at-such as their car lot-and give it back. No repo, just 'IIB' on credit. Why have extra negative comments on your credit report? And, if you need to drive it a little while longer, technically you could as the BK filing starts an automatic stay. But if you don't need it, give it back ASAP after filing & you can cancel the insurance on it.

Sorry to have run on so long. I don't think there is anything wrong with going Pro Se if you're a no asset case & you're sure your income/expenses check out. If you have any doubts, an attorney is best-but you may have issues w/ finding one who is taking new customers.

[PixieDust]

StaciMM thank you so much for your response! And please feel free to "run on" - it just means it's a more detailed answer! I just thought of something else I should ask too:
there's also a spot that says: "State the gross amount of income the debtor has received from employment, trade, or profession, or from operation of the debtor's business from the beginning of this calendar year to the date this case was commenced. State also the gross amounts received during the two years immediately preceding this calendar year. If a joint petition is filed, state income for each spouse separately." I assume this means:
a) the gross income from my husband and I for the last 2 years (the ammount on our tax returns - right?).
and
b) Any money my husband got from selling his stocks and options in the company he was currently working for and also the profit sharing he cash in when he left them? This money has since been spent, but I know I have to include it somewhere, is this it?
Also, before moving to PA, I worked full time. When we moved out here, I worked for about a month and was let go. I haven't started back to work (mostly because we can't afford child care). Will this be an issue, me not working now, but having worked in the past?
Ok, one more question: it's amazing that that pregnancy thing was mentioned.... I may be pregnant, but won't know for sure for a few more days. Is this going to affect the bk? I hadn't even thought about it honestly... Anyone know anything about this? Thanks again so ver much for any help anyone can give!!

[StaciMM]

The next question should be asking about non-employment income.

I listed something like this for employment:

XYZ Company: $ YTD for Staci
ABC Company: $ YTD for Staci
Blah Company: $ YTD for DH
Other Blah Company: $ YTD for DH
(He is working 2 jobs, I changed jobs...)
2004: $ Gross
2003: $ Gross
(I don't recall it asking for a breakdown of who had the income for prior years.)

For the non-employement income, I did list a worker's comp settlement that I received last year for my accident in 2003.

[PixieDust]

Ok, thanks for that info! As for the non-employement income, I don't have any. No unemployment, no worker's comp, nothing.

[TatteredInTexas]

PixieDust,

Seems I read somewhere (don't hold me to this, please) that if you had moved and could at least meet 91 days of the 180 requirement... you should be ok.

Again, please don't take that as fact - I've read so much over the last 2-3 weeks. Just seems to me I saw it "somewhere".

All the best,
Ronnie
TatteredInTexas

[HHM]

PixieDust,

Seems I read somewhere (don't hold me to this, please) that if you had moved and could at least meet 91 days of the 180 requirement... you should be ok.
TatteredInTexas

That is correct. If you recently moved, you have to live in the state of your current residence for 91 days before you can file in that state.

The statute says bascially, the longer period of the last 180 days. In otherwords, wherever you have lived for the last 91 days.

However, this is all going to get screwy under the new law. You will still be able to file in the state you reside, but won't be able to use that states exemptions unless you have lived there for a certian amount of time (the exact time escapes me, but its a long time)