Sould I file Or sould I not??

[nomoney4u]

I'm about to the end of my rope. I'm just like one payment of my car being repo'd and one of my creditors trying to sue me (had someone knock on my door and try to summons me). I have been trying to push this bankruptcy off till the beginning of next year. The reasons being, in FL. -1-. I need to live here for two years before I can file (Moved here 12-'04). -2-. I need two years of tax returns for filing.(did'nt file '04). But now one of my creditors is trying to summons me. How can I delay this until the end of the year so I can file for BK. have perviosly filed CH 7 and was discharged '01. Now I 'm only eligable to file only Ch13. So I was also wondering how CH 13 works in the event when I can't even barely pay for my living expenses.. I surely don't make enough money to make anykind of payments beond my living expenses. ...So if anyone has any advise How I can takle this.??? I don't have any assets or home. Only thing I'm worried about is wage garnishments. And want to try to prevent this as much as I can. This would put me out on the streets....I need some direction on whats best for me to do?? Should keep trying to blow off them from serving me this summons or should I go ahead let them serve me. Or should I proceed and file for BK ??

[SinkingFast]

You don't have to wait to file BK just because you are not a 2 year resident. If you're a Florida resident for less than 2 years, your attny would use you old Home State's BK Exemptions. If for some reason, you weren't eligible for a State's BK Exemptions, then the New Law allows for you to use Federal Exemptions.

Before you can file BK, you're gonna have to take care of your '04 taxes. If you wind up owing money to the IRS, you can have that debt put in your Ch 13 payment plan. The IRS is a Priority Creditor and would get paid before any unsecureds.

You need to call around and schedule 2-3 Consult appts with BK attnys. Generally Consults are free. You can learn a lot while you meet each attny and find one you're comfortable working with.

For Ch 13, your attny takes all your monthly expenses, deducts that from your income and determines your monthly disposable income. That's what would be proposed as a plan payment to the Court. The Trustee would have to look things over and agree, or Confirm, your plan payment. Depending on your income level and your debts, your payment plan would range from 3-5 years.

[nomoney4u]

I did go consult a couple of atty's about six months ago. You see in '04 I was incorporated, so it gets a little complicated..When I asked them how I should deal with that, they just looked at me with blank faces ( lke not an area they did'nt want to get into).ome $500 to file my taxes in which I don't have any $$ to pay...My finances are a total mess..I'm like 30K+ in debts......So what happens when I file CH 13 and I don't have enough income to make any kind of payment?? What's the chance I can get a CH 7 ?? I stopped paying all my creditors about six months ago...And after paying all my living expenses, I'm left with $100 for food and car gas to next bi-weekly paycheck......Yeah, I plan on consulting a couple atty's on Mon....