DH Laid off -- how quick can I file?

[Sunshine]

I have been contemplating filing for almost a year now and I really wish I had done it sooner. Three weeks ago, DH was laid off from his job. Now I really feel I have to file as we cannot live on my income alone. I know he'll find work soon, but in the meantime, we are hurting and there is little hope.

My question is, with the new laws, realistically, how quickly could I file? I know I have to do credit counseling, which I suppose I could make some calls and get set up for an appointment fairly quickly. The real problem is paying an attorney. We have NO savings at all, no credit cards availalbe to us to use and my income is going toward our rent, car payments and insurance as well as food and gas. I have met with two attorneys in the past year and haven't called either one yet but think I better get to it.

Based on our previous income (before the lay-off), I think I would have had to file a 13. But now, do you think I might be able to do a 7 since it's just my income?

I am just at a loss right now. My car finance company called today wanting to know when we will be making a payment . . . we owe for Sept, Oct, and now Nov. I have a terrible history with them and they have kindly given extensions 7 times but no more.

any suggestions/advice would be appreciated.

[Lightning]

What kind of debt do you have? You say you don't have credit cards available. Is that because they're maxed out? If you want to keep the cars after filing, you'll have to keep making payments.

[FoolAndHisMoney]

I have been contemplating filing for almost a year now and I really wish I had done it sooner. Three weeks ago, DH was laid off from his job. Now I really feel I have to file as we cannot live on my income alone. I know he'll find work soon, but in the meantime, we are hurting and there is little hope.

My question is, with the new laws, realistically, how quickly could I file? I know I have to do credit counseling, which I suppose I could make some calls and get set up for an appointment fairly quickly. The real problem is paying an attorney. We have NO savings at all, no credit cards availalbe to us to use and my income is going toward our rent, car payments and insurance as well as food and gas. I have met with two attorneys in the past year and haven't called either one yet but think I better get to it.

Based on our previous income (before the lay-off), I think I would have had to file a 13. But now, do you think I might be able to do a 7 since it's just my income?

I am just at a loss right now. My car finance company called today wanting to know when we will be making a payment . . . we owe for Sept, Oct, and now Nov. I have a terrible history with them and they have kindly given extensions 7 times but no more.

any suggestions/advice would be appreciated.

Print out and do the means test form B22 and calculate your income and IRS based/allowed expenses that way. It's the six months prior to filing so you may have to wait probably that long to file. Maybe not as long, but just average it out to see if you qualify for a 7. You probably will. Go to the US Trustee's web site and find the link to an approved credit counseling course. As for the car can you afford to pay the car and your other bills? Under new law there is no more just riding it out. You must reaffirm the car and you must be able to afford the car payments. If you will still be struggling to pay for the car even after a discharge they won't let you reaffirm it.

http://www.uscourts.gov/rules/new_and_revised_official_forms_101405.htm

Good luck!