Moving and Expenses- Please Help!

[ameliabedilia]

Here is our situation. First let me say we are very broke so are probably going to go pro se, but not sure. Here is my question-

My husband lost his job in July and our monthly income from unemployment put us in the negative on the current living expenses by a ton- at least $500.
Well, my husband got a job this week and we are going to be moving to another state. He will be taking home about $450 more per month than we got in unemployment, so our expenses will still work out, we will just be closer to breaking even.

SO- When we are doing schedule J, should we calculate using the new job since that will be happening soon? Also, we are allowed to stay in an extended stay hotel for up to two months while we look for housing. This will be great since we can save a little to afford a deposit on a new rental. Will this be a problem since we will have a little money in our account before the 341? We will not have any money at the time of filing.

Also, what address would you put down? We are going to have our mail delivered to my mother in another state until we have housing, so should we put that as our mailing address and the address here as our current?

Thank you so much! I love this board, it makes me so much less stressed just reading it!

[lrprn]

SO- When we are doing schedule J, should we calculate using the new job since that will be happening soon?

I think Schedule J is expenses and Schedule I is income, but no matter which it is, you file with the information that is true on the day of filing. If your husband has already started receiving paychecks from the new job when you file, then you include it. If he hasn't received a paycheck yet when you file, then you don't.

Will this be a problem since we will have a little money in our account before the 341? We will not have any money at the time of filing.

When you file Ch 7, you set your bankruptcy estate on the day you file. As long as your state exemptions cover whatever money is in your account on filing day, that's what matters.

Also, what address would you put down? We are going to have our mail delivered to my mother in another state until we have housing, so should we put that as our mailing address and the address here as our current?

I would use whatever address you are certain you will receive mailings from the court.

Good luck, MB....keep us posted on how things are going with your move!

[dscurlock]

Here is our situation. First let me say we are very broke so are probably going to go pro se, but not sure. Here is my question-

My husband lost his job in July and our monthly income from unemployment put us in the negative on the current living expenses by a ton- at least $500.
Well, my husband got a job this week and we are going to be moving to another state. He will be taking home about $450 more per month than we got in unemployment, so our expenses will still work out, we will just be closer to breaking even.

SO- When we are doing schedule J, should we calculate using the new job since that will be happening soon? Also, we are allowed to stay in an extended stay hotel for up to two months while we look for housing. This will be great since we can save a little to afford a deposit on a new rental. Will this be a problem since we will have a little money in our account before the 341? We will not have any money at the time of filing.

Also, what address would you put down? We are going to have our mail delivered to my mother in another state until we have housing, so should we put that as our mailing address and the address here as our current?

Thank you so much! I love this board, it makes me so much less stressed just reading it!

I just downloaded some software from this forum that attorneys used to fill out forms, you may wish to look for it, i can not remember where i found it...it will have everything you need to fill out.

[SinkingFast]

You have to live in the new State 6 months prior to filing anyway.

You'd want to take some time to get a handle on your new costs to live in the new area. Four months in your own place should give you time to know what your actual rent/utilties/groceries/etc are gonna cost.

[ameliabedilia]

thanks for the answers everyone. We actually met with two attorneys today, who answered some other questions I had. I would use an attorney if I could, but it doesn't look good right now.
Both attorneys were surprised/impressed with how prepared and knowledgable I was- all thanks to this board!

[SinkingFast]

One thing I would suggest,............. If you're still living in the old State,...............

When you do file, after you move, you will have to use the old State's Exemptions. Be sure to read thru your Exemptions very carefully. You wanna feel comfortable that you know how your Exemptions are applied in practice.

We ran into that with attnys here. How the Statute reads and how it's applied in practice, aren't necessarily one and the same thing. Our attny actually called and Consulted with a BK attny in our old State to make sure he knew how our Exemptions were used in the Court in the old State.

So be sure, if you have any questionable assets, or the Code reads strange, to get those issues addressed while you still live where you can get a Consult with attnys that use your Exemptions every day.