Don't know what to do.

[PRN]

We have barely been making our CC payments, then I fell and injured shoulder. Now all we have is Retired husbands income less than 2000 / mo and expenses are more than 4000 / mo. I am also scheduled for surgery later this month. Attorney says we can file chapter 7 but my question is if and when I go back to work will that affect our filing?
We do not owe anything but huge CC bills related to hit and run accident I had almost 10 yrs ago. Driver had no liscense and no ins pending DUI's. My ins company State Farm screwed me over big time. Our assests are a mobile home appraised at 14000.00 and personal items maybe 20.000. One stock worth about 500.00. Will they take any of these assets? Don't know what to expect.

[HHM]

Going back to work will not affect your filing. So long as you file before you return to work, then your good to go. Bankruptcy looks back from the date you file your bankruptcy petition, not foward.

As for you assets, I doubt any will be taken. Maybe the stock, but its not really worth the trustee's time and trouble. Your other assets will probably be exempt.

[PRN]

Thank you for your response. One more question, When I return to work in about 6 weeks it looks like, can the trustee convert my case to a chapter 13 do to income will be changed? My attorney wants me to stay off work for the entire duration but that will be extremely difficult financially.

[StaciMM]

My understanding is that a change in status after filing does not impact your BK-unless it was something you did intentionally. (Like you're offered a job tomorrow, but you arrange to start at the end of the month so that it is after you filed.)

[PRN]

Hi Staci, thanks for p[osting. I am currently employed but off work due to this injury, one of the reasons we decided to go talk to an attorney, not being able to meet bills and knowing the new law was coming up. I will be able to eventually return to work in my old position but just don't when at this point. I was just concerned that anything I make during the entire bk process would affect my filing ch 7 or them converting it to a ch 13 when I return to work after surgery. Doctors have already informed me I will be off for a couple of months. HHM gave me some good advice also, and I appreciate your input also. Again, thank you.