So how does this work?

[cj0203]

We did our consultation in Dec, decided to wait until march to file. I'm going to get everything together and bring it up the the atty next week (including payment in full). I won't be meeting with the atty, they will take the papers and take care of it for us (I guess?).

So what happens after that? I know I can ask them this, but I thought some on here might know. All they said was to drop off the papers and they'd let me know if I needed to do anything else. I mean we didn't do any actual paperwork at our consult, just basic numbers and the fee agreement papers. Will they do the paperwork for us and tell us when to come sign or what? i guess that's what we're paying $1K for?

I guess I'm just getting nervous. We will be very close to qualifying because of my hubby's raise last month. Based on the number I've done, we should qualify using the means test but I am not 100% positive. So what happens if we don't qualify until our baby is born and our family size increases in April? Will they just put our file on hold until then?

I'm sorry if these are stupid questions. I just hope someone can help me

Oh, also, we haven't done the pre-filing course yet. I wanted to wait to make sure we qualify. Is it OK to wait or should we just do it now?

Thanks all.

[Minnymouth]

You will drop your paper work off, pay your retainer fee, and sit down and wait.
The attorney will go over your paperwork, call you if he needs anything.
When he has everything typed up and ready to go, he will call you to come in, go over the petition with you, tell you your options, and have you sign your petition. Then he will file it and get a scheduled 341 date for you.

Depending on your status, he may suggest that you wait till after the baby is born to file if possible, it changes your expenses drastically.....

Also he will then tell you to go take your pre-counseling and get your certificate.... most want it before they file your petition. In fact under new law it may be required now before the petition can be filed.

Keep us posted.

[keepmine]

Well, that's a little too sloppy for me . You will have to sign the petition before the lawyer can file.
I'd NOT file until the baby is born. Not only for means test purposes but, what if their are unexpected medical expenses with the birth?

[cj0203]

So should I still go drop off the paperwork now, or wait then?

We would be $8K under median if we waited until the baby's born...

I guess my biggest concern is that if we wait too long creditors will start coming after us

It would probably go a lot smoother if we do wait. So we probably should, huh?

Why can't I just make a decision? LOL

[yoyoma51]

Most lawyers (or their assistants) fill out the petition on their computer and then electronically file it with the BK Court.

When we filed, our attorney actually said;

"Since you brought everything, you can sit here with me while I fill in everything on my computer and make sure it is correct. Then I'll print it and go over it with you."

We knew we picked a good attorney when he said that.

He really DIDN'T have the time (it was 5:30pm when we started the paperwork on the computer) and we were impressed he did it himself.

[woohoogirl]

Well, that's a little too sloppy for me . You will have to sign the petition before the lawyer can file.
I'd NOT file until the baby is born. Not only for means test purposes but, what if their are unexpected medical expenses with the birth?

Not to be a downer, but I have to say that keepmine brought up an excellent point about not filing until after the baby is born.

And as far as your pre-filing counseling, you can go ahead and do it. The certificate is good for 180 days. AND I read this morning about two cases in my district where the class was taken on the same day as the filing and that was a problem (I can't remember the exact wording, but I remember thinking holy crap!!!).

Just my 2 pennies worth

[keepmine]

I wasn't trying to be negative either-just wasn't sure how to phrase my comment.
I'll just say, you can only file a Chapter 7 every 8 years so, make sure you provide for the unknown as much as possible in order to give your self the best shot at a discharge. If over the median, for sure put off filing until you have another family member to help with the means test. Plus, be sure you have an accurate handle on possible future debts and if they're insurmountable, throw them into the bk. Nothing wrong with contingency planning.

[woohoogirl]

I wasn't trying to be negative either-just wasn't sure how to phrase my comment.
I'll just say, you can only file a Chapter 7 every 8 years so, make sure you provide for the unknown as much as possible in order to give your self the best shot at a discharge. If over the median, for sure put off filing until you have another family member to help with the means test. Plus, be sure you have an accurate handle on possible future debts and if they're insurmountable, throw them into the bk. Nothing wrong with contingency planning.

I didn't think you were being negative, just realistic...Sometimes it takes somebody out of the situation to see all the angles.

[PaKettle]

April is so close - please wait to file so that your chances are more certain that you will be discharged.
Waiting is not that bad. Invest in a message machine that allows you to monitor calls to see who's calling before you pick up and one that allows you to turn the volume off once you hear it is a creditor. Never answer the phone.

Tell all your friends and family that you want them to leave a message - tell them the truth or tell them it's because you've been getting some "weird" calls from some nut....

Then always monitor before picking up, cancel call waiting for the meantime, if you have it, and as soon as you hear it's a creditor, just turn the volume off, then erase it when it's done. Believe me, they have nothing of value to say to you, so you don't need to listen.

Many creditors don't bother you much at all until 2 missed payments. The ones that do, just don't let it bother you, and try not to listen to the messages.

It really wasn't that bad for us until the 4th month.

Good luck!

[Minnymouth]

Yep, good idea to wait till baby comes, never know about those medical bills for babies. The month before you file get your pre-filing counseling out of the way and over with and you'll be ready to go come filing time.

Your attorney will hold off filing as long as you ask him too....

And yeah, get you an answering machine and monitor your calls.... its easy....

No sense listening to a bunch of crap from creditors.....

Good luck, keep us posted. Boy or Girl??

[cj0203]

Thanks guys. We only have cell phones and my number is on everything, so I won't be picking up if I don't recognize the number anyways. Hopefully since it's only going to be about 3 month from when we missed the first payment it won't get ugly with regards to lawsuits/garnishments etc. (I'm guessing it takes more than 3 months for something like that anyways)

Oh, and it's a boy due april 21st.

[tay666]

Best thing to do, is wait until after the baby is born.

Don't worry about creditors coming after you.
Then think about moving up your filing date.
You should have around 30 days from the time you are served until you have to worry about a judgement, and the enforcement of it.

This soon after stopping payments it isn't likely anyway, unless you have a very aggressive creditor.
We are closing in on the one year mark since we quit paying.
Lots of calls, and letters, but no real threats yet.

Right now, the benifits of waiting should be outweighing the risks. So you should wait.

[cj0203]

Thanks guys. I appreciate you taking time to help me figure this out