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Timing the filing of a 13.

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    Timing the filing of a 13.

    Ok, I have another question to keep all of you so busy.

    When my wife goes on maternity leave, she will be out of work for 6 weeks, 2 weeks paid.

    Can I simply save some money to pay the bills when she is off work?

    How should I save this money? Cash, savings?

    And when would be a good time to file it taking this into account.

    Obviously it affects the 6 month average of income, but, I dont want to hide money from the court/trustee.

    Would they even find out, if instead of depositing it, use the cash to pay for things like gas/food/and use my paycheck to pay for the mortgage/car/insurance?

    #2
    I've said this before and I will say it again, wait... And, I would also wait until she is done with maternity leave. No need to put added stress on y'all during that time and it will do good in bringing your average income over the past 6 months down. Every little bit helps.
    Disclaimer: Young, NOT Dumb.(._.) The plan: $480 monthly for 60 months at 100%. 07/12/08
    Motion to Discharge: FILED!! 08/07/13
    60 down/0 to go \m/(*.*)\m/ 100% complete!

    Comment


      #3
      Originally posted by NowImDownInIt View Post
      I've said this before and I will say it again, wait... And, I would also wait until she is done with maternity leave. No need to put added stress on y'all during that time and it will do good in bringing your average income over the past 6 months down. Every little bit helps.
      I know, I dont want to stress her out, I am already stressed as is, honestly this is not the best time for both of these things, but this is the hand that God has dealt me, and I'm gonna take it one day at a time.

      Your'e right that it would help bring down the average income, but it wouldnt actually, because I would be adding the money back in from saving now for those weeks.

      Comment


        #4
        Originally posted by optimistic1 View Post
        Your'e right that it would help bring down the average income, but it wouldnt actually, because I would be adding the money back in from saving now for those weeks.
        By waiting until the baby is born, your household number increases by one. I assume you aren't considering filing before the baby is born - that would be a mistake.

        If you are going to put money aside, first ask your lawyer how much cash your state exemptions can protect. If the amount you have to put aside is considerably more than what can be protected, then put the extra aside in cash and keep it in a safe place (not your wallet).

        If you put the saved money into a checking or savings account, the amounts in those have to be declared on filing day. And some trustees have actually asked filers to empty out their pockets and wallets during their 341s...it's rare but it has happened. You earned the money so it's included in your income figures - you aren't lying. The trustee doesn't have to know that you haven't spent it yet.

        Hope all goes well with the baby and wish your wife well. Waiting to file until it's best for you and your family in the long run is always the best path to follow. Nothing should trump that in your decision-making.
        I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

        06/01/06 - Filed Ch 13
        06/28/06 - 341 Meeting
        07/18/06 - Confirmation Hearing - not confirmed, 3 objections
        10/05/06 - Hearing to resolve 2 trustee objections
        01/24/07 - Judge dismisses mortgage company objection
        09/27/07 - Confirmed at last!
        06/10/11 - Trustee confirms all payments made
        08/10/11 - DISCHARGED !

        10/02/11 - CASE CLOSED
        Countdown: 60 months paid, 0 months to go

        Comment


          #5
          Thanks for the advice, thats what many have told me on here, and to not worry about collection activities. I will take this advice and not file until after the baby is born, to relieve stress, and to help our situation out better.

          Comment


            #6
            Originally posted by optimistic1 View Post
            I know, I dont want to stress her out, I am already stressed as is, honestly this is not the best time for both of these things, but this is the hand that God has dealt me, and I'm gonna take it one day at a time.

            Your'e right that it would help bring down the average income, but it wouldnt actually, because I would be adding the money back in from saving now for those weeks.
            The money from your savings will not be counted as income for those weeks so it will bring your average income down. Also, wait the full amount of here leave and then maybe a couple more weeks. That will give you a good, realistic view of what your costs with the new baby will be. GL.
            Disclaimer: Young, NOT Dumb.(._.) The plan: $480 monthly for 60 months at 100%. 07/12/08
            Motion to Discharge: FILED!! 08/07/13
            60 down/0 to go \m/(*.*)\m/ 100% complete!

            Comment

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