6 Month Waiting Period

[forpetessake]

MY first post here.

My wife and I have been considering a Chap 13. We had to do one years ago...and sadly now we are looking at this again.


However our local BK Atty, said that due to the changes in the law, we will have to wait 6 months prior to filing and go thru the credit counseling deal. I thought that was just for Chapter 7's.

And in the meantime, my gas is off at home, my creditors are hounding me at work etc...etc.

Help! Advice.


Thanks!

[NowImDownInIt]

Credit counseling is a requirement, but at the longest is 2 hours... Why the six month wait? Is there something questionable in your lookback?

[forpetessake]

My understanding was the 6 month period was part of the new 2005 BK law, or maybe an Illinois law?

Not really sure.

[justbroke]

I too am wondering if you had made significant purchases -- which would be non-dischargeable -- in the past year. Or it could be your salary or some other lump sum within the last 6 months that would cause your income to be strange (higher than what it really is).

Hopefully, whatever it was, rolls off in six months and you are good to go.

[WoodSprite]

My understanding was the 6 month period was part of the new 2005 BK law, or maybe an Illinois law?

There is a six-month lookback period from the day you file; that's what the trustee will use to determine your income. Many of us have timed our filings to ensure that six month period is the one during which our incomes were the lowest. I'm not aware of any waiting period required by law.

Welcome to the forum, by the way!

[forpetessake]

I did some more research and I think it is that you have to do it within 180 days of filing. So if I met with a BK lawyer, started the process I would have to get it done within 180 days before he filed it? I think.

Nope....no big purchases, no big changes in income.

[Cali]

Was your last BK a 7 or 13? And how many years ago was it? Maybe you haven't made the whatever years is required before you can file again.

[forpetessake]

Nope.....that's not it. I think maybe was wife was confused when talking to the atty.

[bcvw]

You have to file within 6 months of taking your pre-bankruptcy counseling. If you go beyond that, you have to do it over. The certificates are only valid for 180 days.

[WoodSprite]

You have to file within 6 months of taking your pre-bankruptcy counseling. If you go beyond that, you have to do it over. The certificates are only valid for 180 days.

I'll bet that's it.

[NowImDownInIt]

Yah... I decided to file, and filed on the same day. A Saturday. I had the credit counseling an hour before actually filing, so I don't think you'll actually have to wait 180 days if you don't have anything strange in your lookback.

[forpetessake]

Thanks guys!

Sounds like I could have my gas back on and creditors to harrassing us within a week. This sucks so bad. Lately instead of living paycheck to paycheck, we have been living day to day. So even the possibility of hope brightens my day. lol

[NowImDownInIt]

I know the feeling. Good luck to you! I had my car repoed, and that was the last straw for me. Had my car back in two days and in 34 months my life will be my own again. With no debt. I am determined to never carry a balance on a credit card, or pay a utility or any bill (for that matter) late again. One can dream!!