When to file?

[MelodyAM75]

My husband and I decided next week that we are going to file Chapter 13. We are buried in debt and living paycheck to paycheck. On the 25th I will be 30 days late on my mortgage for the 1st time. Our car payment will be 30 days late on the 30th (if we don't pay it).

My question is when should we file? Should we file right away to get the process going or should we wait a month to give ourselves some time to catch up with everything? From what I understand, our first trustee payment will be due about 30 days after our filing date so I am thinking may be should wait a bit, but not really sure. We are late on 2 credit card payments, but not all of them yet. We will be late on all of the in another 3 weeks or so.

So, how long do most people wait to file after missing payments?

[newbie2]

Everyone is different and have different reasons for the timing of their plan. One thing I will say is this: Consult with several attorneys. You may be able to file for a Chapter 7, and if not, you want the most livable plan going in to a Chapter 13. Good luck to you.

[tobee43]

My husband and I decided next week that we are going to file Chapter 13. We are buried in debt and living paycheck to paycheck. On the 25th I will be 30 days late on my mortgage for the 1st time. Our car payment will be 30 days late on the 30th (if we don't pay it).

My question is when should we file? Should we file right away to get the process going or should we wait a month to give ourselves some time to catch up with everything? From what I understand, our first trustee payment will be due about 30 days after our filing date so I am thinking may be should wait a bit, but not really sure. We are late on 2 credit card payments, but not all of them yet. We will be late on all of the in another 3 weeks or so.

So, how long do most people wait to file after missing payments?

newbie has given excellent advise. make certain you interview several atty's before hiring someone.

also....even the atty you chose cannot make those decision for you.....you are and will be your BEST advocate for your situation. atty's do the filing, show up for court, etc., however, they do this for a living daily...your situation is special ONLY to you and yours....so you must make certain you are in the drivers seat and doing what is best for your family.

as newbie2 points our everyone is different and has different reasons for when they file. with us, we waited over 2 years...planning carefully and mindfully all along the way. we wanted everything legal and on the up and up. also do your homework...be prepared.

good luck and let us know how you make out!

[MelodyAM75]

Just curious....why should I interview several attorneys? What should I look for in a good attorney? How do I know who to pick? I work full-time and have 2 children so I don't have time to meet with many attorneys. My husband works about 60 hours per week and he doesn't have time either. I have consulted with 2 attorneys so far. One was hard to get in touch with so I figured that would be a bad sign so I contacted another who gave my husband a packet of info to fill out and a list of documents to compile. I have made a binder with all our info and I am almost finished getting everything all together.

[tobee43]

Just curious....why should I interview several attorneys? What should I look for in a good attorney? How do I know who to pick? I work full-time and have 2 children so I don't have time to meet with many attorneys. My husband works about 60 hours per week and he doesn't have time either. I have consulted with 2 attorneys so far. One was hard to get in touch with so I figured that would be a bad sign so I contacted another who gave my husband a packet of info to fill out and a list of documents to compile. I have made a binder with all our info and I am almost finished getting everything all together.

i totally understand where your coming from...however, not choosing the right atty could cost you more than just your time in the end. we also had hectic work hours therefore, the atty needed to be available for night appointments.....ALL were. we interviewed 6.....2 by phone.

one of the reasons it's so important today is because many firms just don't know the business or the laws of bk......in today's market every atty and their mother has hung a shingle up saying they do bankruptcy...so you just want to know how long they have been doing this.....i asked are you familiar with the trustees in my district...(i asked that because i wanted to make certain professional relationships were established between the courts and the firm i chose)....it makes communication between trustee's offices and you and your atty much easier.

you want to make certain they are assessable...of course you can't expect anyone to return 12 calls a day....but you want to know will there be a para legal working with you on the paperwork or will the atty be working with you. make certain you have a "go to" person in the firm. you also want a level of comfort....even tho this is such an uncomfortable situation.

do not assume anything...as i said...many atty's and i worked for some top ones myself...can't even balance their own check books...but they know how to file your petition and do an ap like the back of their hand. follow your instincts...that usually is the best way to go...we stayed away from the loud mouth know it all and ended up with a very quiet soft spoken intelligent atty....but did they know they stuff...they most certainly did, they just didn't scream out promises they could not keep etc.