Meeting with attorney today to give all the paperwork -- when can I file??

[ssmdem]

Any idea on how long from the time you give them this mountain of paperwork until you can actually file? It's going to have to wait until the 13th at least so I can get another paycheck to finish paying them, but hoping we can go on that day!

We ended up being about $100 over median on our income every month, but our expenses throw us almost short $2000 every month. I know there's some she'll say we probably can't use, but the only thing saving us right now is that we're not paying our mortgage so we're living rent-free. I put in what an average home rents for around here and when I do that it really throws us over.

How does all of this look?

Gross income - $4900
Taxes - $742
Health Insurance - $200
Life/Disability - $198.41
Job Insurance (not sure if this will be allowed - but pretty much necessary with my husband's job - $99.00
Union Dues - $100.49
401 K Deduction - $210.00
401 K Loan Repayment - $282.18

Income after deductions - $2419.92

Rent $1200
Electricity $250
Gas $50
Water $65
Telephone $35
Garbage $20
Satellite $68
Internet $40
Home Maintenance $50
Food/Household Items (this is how she has it listed - no other category for personal care, pet food, etc, so I lumped it all together) $850
Clothing $50
Laundry $30
Medical, Dental, and Medicine $550
Transportation (gas, tags, license, maintenance) $350
Cell phone $75
Recreation/Entertainment $100
Renter's Insurance $25
Life Insurance $10
Auto Insurance $155
Car payment $366.78

Total expenses $4314.78

That's all the figures she wanted - not sure what she'll use on the schedules and what she can't use. Yes, I know, we have a real issue even after filing. I have GOT to find another job and SOON. Again, the only thing helping us hang on right now is not having a rent payment, but we just got sued, and we've GOT to file now. I just finished school last week so hoping to find a job at the beginning of the year.

[oregonpilot]

ssm...can't answer your Q but wanted to wish you luck.

[jlynn275]

Just from what I've heard around here 401K loan repayments are questionable. I have one too and not sure it's going to fly, which I don't understand at all?! How many people in your household? I put $550 for food/household and feel it might be too high for two. And medical looks really high since you already noted health insurance. I have a high deductible and lots of issues and only put $250 (and still worried that is too high)

[free2breathe]

How many are in your household, ssmdem? I know that is one of the first questions before anyone will be able to tell you if your expenses look reasonable. There are many here who are good at checking through expenses (I'm not one of them unfortunately), but just looking at it, I would say the first one questioned will be medical expenses.

[BKlooker]

Hi ssm.

If you are that close to the medium as far as being over, your lawyer can likely get you under the means and schedules alright using fed/state exemptions. I am over by about $200 a month and mine is getting me on a CH 7 at the moment which he thinks shouldn't be a problem. Yes, she will figure out what goes where as far as schedules and what does/doesnt' count, which is the beautiful thing about having a lawyer

It ultimatly depends on how quick your lawyers office moves as to when you can get filed, by my lawyer told me that they usually get people filed within 3-5 days of paperwork submission, assuming you have everything turned in ok and there are no 'gotchas' or sticky issues with your case. For mine, I turned my paperwork and finished paying off the lawyer on a Monday and they had everything ready for me to sign and file by that Wednesday. I signed on that Friday afternoon and we filed that following Tuesday. The only reason we waited that long was because we needed the check i gave my lawyer to finish paying him to clear the bank so my cash balance was as low (and accurate) as possible on filing date. But for that, he could have got me filed within 72 hours.

But different offices move at different speeds...the good ones can get you done fast. Did you let your lawyer know you need to get filed ASAP? I would give her/him a call and let them know so they move fast.

[ValleYum]

Is your husband's "Job Insurance" in lieu of unemployment insurance? My husband works for a railroad and has Job Insurance (through the union) in lieu of UI. Our attorney said there would be no issue with that from any of the trustees here.

I took our papers in on a Tuesday - the petition was ready to be reviewed in about a week and then we got to pick our filing day - we just set it for December 16th (yay!!) which will be the first day of a pay period.

Good luck with your paperwork!! It is a mountain of papers but it was a very enlightening and humbling experience.

Best wishes for a speedy bankruptcy! (LOL how bizarre did that sound?)

~V~

[ssmdem]

Is your husband's "Job Insurance" in lieu of unemployment insurance? My husband works for a railroad and has Job Insurance (through the union) in lieu of UI. Our attorney said there would be no issue with that from any of the trustees here.

Yep, we're railroad too -- so same thing. Never heard of another industry with such a thing. It's crazy!

[ssmdem]

Well, just got back and she said everything looked fine. Food was high, but she said she would bump some of my other numbers, so it would essentially be fine.
Medical is what it is -- two kids in braces, I take 7 different medications -- it's actually probably on the low side. Sad but true.

And we're filing on December 14th!!! YES!!! She said we could go next week if I wanted to, but I need to wait until we get another paycheck so I can make her last payment.

My biggest concern was the bombshell that got dropped on us Thanksgiving Day when my father in law informed us that my husband is listed on my mother-in-law's accounts as an owner, not just a signer or beneficiary as we thought -- to the tune of almost $30,000. I have literally been sick to death worrying about it. She told us it wasn't a problem - the account clearly shows that only her Social Security check goes into the account, and literally nothing has been spent out of it in over six months. She told us that it would be listed, but the balance would be zero would the explanation of why. She said they MAY require an affidavit from his mom, but other than that - it's not a problem. That was a HUGE load lifted!!

I am finally starting to breathe for the first time in almost three years!! Feels so good to not be worrying anymore.

[oregonpilot]

wow ssm.. thats a long time to have that worry. It's so good to be able to breathe.

[ValleYum]

How does all of this look?

Gross income - $4900
Taxes - $742
Health Insurance - $200
Life/Disability - $198.41
Job Insurance (not sure if this will be allowed - but pretty much necessary with my husband's job - $99.00
Union Dues - $100.49
401 K Deduction - $210.00
401 K Loan Repayment - $282.18

Income after deductions - $2419.92

Rent $1200
Electricity $250
Gas $50
Water $65
Telephone $35
Garbage $20
Satellite $68
Internet $40
Home Maintenance $50
Food/Household Items (this is how she has it listed - no other category for personal care, pet food, etc, so I lumped it all together) $850
Clothing $50
Laundry $30
Medical, Dental, and Medicine $550
Transportation (gas, tags, license, maintenance) $350
Cell phone $75
Recreation/Entertainment $100
Renter's Insurance $25
Life Insurance $10
Auto Insurance $155
Car payment $366.78

Total expenses $4314.78

That's all the figures she wanted - not sure what she'll use on the schedules and what she can't use.

Well, just got back and she said everything looked fine. Food was high, but she said she would bump some of my other numbers, so it would essentially be fine.
Medical is what it is -- two kids in braces, I take 7 different medications -- it's actually probably on the low side. Sad but true.

And we're filing on December 14th!!! YES!!! She said we could go next week if I wanted to, but I need to wait until we get another paycheck so I can make her last payment.

The IRS standards for a family of 4 are:

Food ..........................................$752
Housekeeping supplies....................$74
Apparel & services.........................$244
Personal care products & services....$66
Miscellaneous...............................$235

Total..........................................$1, 371

This is just so you have an idea. I don't think your food cost is that high if you are including housekeeping supplies and personal care products together with your groceries. But your attorney will know what the trustees in your area will let fly.

I saw you were filing on the 14th. Make sure to ask your lawyer about owing the trustee any part of a paycheck depending on *when* in the pay period you are filing. Florida's rules are a lot tougher than Washington's regarding exemptions (since we can use the Federal ones.)

Hopefully, you will get advice from the more knowledgeable folks around here with better suggestions than mine. I am so happy you are so relieved. I know the feeling!!

This is a GREAT place to be!