HELP!! Question

[leesi]

Anyone had the issue of house in foreclosure and still living in house but not able to save any of that mortgage payment. We are deciding when to file -- because I will be moving out of state in July. Once we move we don't have any income. So the attorney is thinking there may be problem. Any advice?

[Help!]

Be aware that in most states you will need to wait about 90 days before you can file if you've just moved. The advice depends on your situation. How do you plan to live in the new state with no income? If you have a source of income in your current state and you leave for any other reason than your job ending, this is a decision that is likely to be questioned if you file for BK in the new state.

In my opinion, there is increased scrutiny when someone files BK in a state they just moved to. Decisions that are made in these situations can later appear to have been made in an effort to game the system (e.g., voluntarily leaving a job and moving out of state without a job to go to). My advice would be to talk to several attorneys and fully disclose your situation before making any decisions.

[leesi]

We will be filing in the state that we currently live in before we move - it is just a matter of when to file. Before or on the day that we actually leave.

The thing that my and my significant other are moving because his dad is sick so he wants to go and take care of his father. That is the reason why we are moving. Because we don't have a job lined up - there would be no income until I find a job. Because the darn attorney took so long in "reviewing" (Sept til now) that we are in a scramble prior to moving.

[BornAgain]

:lol:

You called for Help! and he arrived!

[Help!]

In that case, I'd file ASAP and get through the BK before moving. The process is not always as easy as attorneys make it sound. Best case scenario, you file now (say, before June 1), have a 341 hearing about 30 days later (July 1) and the rest of the process is paperwork for the case trustee. The majority of Ch. 7 cases go through without a hitch.

If your income is above the median, things may be more complicated (even if an attorney tells you that you "pass" the means test).

[ccaplinger]

We will be filing in the state that we currently live in before we move - it is just a matter of when to file. Before or on the day that we actually leave.

Don't forget you will have to attend the 341 meeting. You can't leave at least until that is done.