Advice Needed!

[dadof3]

hi all, it has been a minute since my last post and i have finally paid a retainer to an attorney for my pending bankruptcy. i cant file until december due to the 90 day rule and i have some ??? about timing for you guys, i am surrending a home and have already moved out but the two utility bills are killing me, when can i stop? also my wifes job is unstable and may close in december due to downsizing but she my be let go prior due to other reasons, would they still put us in a plan payment based on last six months if one of us suddenly becomes unemployed? the home we are surrendering is due to enter forclosure nxt month will they be able to 1099 us and issue a judegment even with a bankrupcy, should we hurry and file asap to avoid this? last ??? my credit is shot and her credit everything is ontime except the morgage for surrenderd home and autos currenty used are too flipped upside down to trade in, should we try to get new ones to carry us thru the bankrupcy??? thanks you guys!

[emoney]

Your post offers many opportunties I cannot address them one reply.
I will answer as best I can and what would I do.
Well do not get any new CC as that is unfair to everone involved. The big item may be your house if a judgement is issued is because your house sold for less than what was owen on it. Why not sell it yourself and save a foreclosure. That is where there are no winners. If you cannot sell it before the foreclousuer sale and a judgement is won a BK Chapter 7 will remove it.
On other issues your BK attorney should be the one giving you most of the advice.
I hope this gives you some direction.
enoney

[dadof3]

bump for more replys

[HHM]

It would help if you seperated out your questions a little and gave a tad more background.

1. If no one is living in the house, how are the utility bills killing you, they should be relatively minor, right?

2. Yes, even if your wife is unemployed, they will still go by the last 6 months worth of income (one of the crappy written sections of the new law)

3. What exactly are you worried about a 1099 for. Foreclosures are not debt write offs, so you shouldn't get any 1099.

4. Sounds like your wife's credit is kinda shot too, if she has got a foreclosure, that is not good.

[SinkingFast]

We were in the same spot. Paying 2 sets of utilities got to be too much so we went ahead and turned off the utilities at our house. We were 600 miles away at the time. So a friend of ours went in and "winterized" the house as best you can without doing it professionally. Basically, he got as much water as possible out of the lines. Threw the main on the water heater and drained it too. Flushed and plungered all the toilets to leave as little water as possible in the tanks, bowls, and traps.

We were lucky. The winter wasn't too bad and nothing froze. When they turned the water back on, none of the lines leaked.

How quickly the Lender can move for a Judgement on your home depends on the Foreclosure Laws of your State. If you're allowed a Redemption Period, a time frame where you could buy back the house, I don't think the Lender can do anything until that time period passes.

You'll have to ask your attny what might happen with a pending lay-off of your wife floating in the breeze. I do know a Trustee cannot confirm a Ch 13 Plan unless the Trustee believes the Debtor/Filer can, in good faith, make the Plan Payments.