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Going to file BK have questions, long sorry....new to this.

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    Going to file BK have questions, long sorry....new to this.

    Hi to all,

    I've lurked on this board for about a week now and you are all very nice in answering questions. Just listening to all of you helps lessen the stress a little. Here is our situation: We have a house that is going into foreclosure. We tried to sell it for a year with no offers. Our agent is doing a short sale on it, but it's not working as of yet. We moved from the house to live with some family to try to catch up on bills. I was cut hours at my old work and my home business closed in May due to work shortage so that led to excessive use of credit cards to make ends meet. We are about 58k in debt right now and do not see us getting out of debt unless we live here for the next 2 years and pay on it. We are literally living in a 23ft trailer on their property right now with 2 small children. Not an ideal situation at all, but it's a start on a solution. My husband left his job when we moved here and although we've only been here for 2-1/2 weeks, he's having a heck of a time finding a job here so we've been using our credit cards for everything including buying this trailer for $2,500 to stay in and supplies to fix it up, groceries, school clothes ect. He had a job lined up and then they decided that they didnt' want to wait for him to move here or we would have waited. I have to have a small medically necessary surgery on Monday done and had to put that on a credit card - $5,500...we knew this had to be done over 2 months ago, but do not have insurance and wasn't foreseeing this situation happening. I know it won't be long before my husband finds work (he has a great background as a manager) and once 2 weeks is up after the surgery, I will find a job as well. My questions are: Can we file if we have used our cards to live off of these past few weeks because we've moved? We are in California and haven't spoken to a lawyer yet because we want to wait until my husband has a job so it doesn't look like we purposely used our cards, that isn't the case. Any snags that anyone forsees in our situation? Sorry so long.....
    Thanks,
    April

    #2
    GO GO GO see a couple of attorneys now! As long as you are only using the cards and buying things that are absolute necessities for living, there is no fraud, or misconceptions, or abuse, etc.

    If you are going to be filing soon, you will actually want to do so BEFORE he gets another job, as the means test is based on last 6 months income.

    Most attorneys offer free consultations, so you should do this TODAY !!!!! Tell them everything, be honest and you will feel so much better. We've all been there, believe me.
    Filed Business Chapter 7: 7/11/07
    341 Meeting: 8/8/07 Asset Case
    US Trustee reviewed case/resolved 9/14/07
    Discharged: 10/11/07 Closed: 11/2/08

    Comment


      #3
      You recently moved. Did you move to a different state?

      You have to be in your new state for a certain amount of time before you can file if you have moved to a different state. It would also be a good idea to actually get your jobs and see where you finances are before you file.

      Once you know how long it will be before you could file and you have your living and employment situations figured out then you can decide for sure if bankruptcy is the best option for you.

      Have you been paying on your credit cards up until now?
      Filed: 10/26/2006
      Discharged: 03/05/2007
      Closed: 5/19/2008 - Asset case due to balance transfer and income tax refund

      Comment


        #4
        We moved from Idaho to Califonia. Yes, we have been paying our credit cards to keep current, but before the job loss, we were using our paychecks to pay mortgage and credit cards/bills. We were using the credit cards for food, gas and clothing for the kids. It's been a mess ever since my home business crashed in May. My other job was cut down to very part time. I don't even know if I still have 6 months worth of pay stubs either. Those may be hard to track down. I am not sure how school clothing would go as a absolute necessity other than my son's been through enough with our situation and I think clothing too small and worn out would have been the icing on the cake for him. Necessity? In the judges eyes, maybe not, in our eyes, yes. Thanks for the input to all of you!

        April

        Comment


          #5
          Also, does anyone on this board have an idea of how long you have to be in a state before you can file?

          Comment


            #6
            Originally posted by ad_25 View Post
            Also, does anyone on this board have an idea of how long you have to be in a state before you can file?
            It depends on the state's laws for how long you have to live there to establish residency. I did a quick online search but couldn't find anything specific for CA....sorry.... Hopefully one of our other members will know more and share.
            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


              #7
              Even though I can't find the reference for the info (I'll find it though).....You'll be able to file once you have been in the new state the "majority of 180 days" or in plain english on the 91st day! But then you will still have to use your old state's exemptions for a while longer I think. BUT you can see an attorney IMMEDIATELY and get started with everything...you don't have to wait for that. I'll keep searching for the referecence for the info.
              Chapter 7 Pro Se....Discharged Feb. 2006

              Comment


                #8
                You guys are great on this board. Thank you. I looked online as well, but couldn't find anything specific for CA either. We are going to contact a lawyer next week. Thanks again for everyone's input!

                April

                Comment

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