Ok, so the attorney has my retainer and we file on Wednesday (his staff works over the weekend to input all the data to accomplish that - wow!).
Anyway, I had to make a decision quickly, and file slightly earlier than I had originally hoped as my income has increased recently and we were worried about not being able to file CH7...(he told me in our district it ONLY matters what the last 6 months income was at TIME OF FILING, even if they ask for updated paystubs at the 341 they work off of the filing date for qualification purposes. So, I ll have to trust him on that. Absolute worst case is I ll have to convert to a CH13, which has some benefits I almost took advantage of, but based upon advice of counsel, for now he says the CH7 is better.
So, we ll see what happens.
The reason I am a little concerned is that some of the charges are within 90 days (about 2K worth at about 60 days past, though nothing "luxury" should stand out)...and several thousand of the most recent charges were cash advances at a casino although those were all over 70 days and spread out over several cars with none more than 2K total. I know, trying to gamble my way out was not a good plan...but nothing I can do about that now but not do it anymore....
SO, after weighing the options, my atty still thought trying for the CH7 was better, even if we get challenged on some items....first he says the likelihood that ALL of the cards will challenge is low, and then for the ones that do we ll try and settle. He thinks that option will still cost less than having waited longer and been forced into a CH13 due to income issues.. too late now...decision made.
The other item I ll have to see what happens is with my mortgage....I am currently three months behind...but have entered into a repayment (catch up on the late payments by paying extra over the next 8 months). Unfortunately I have not made the first payment on that plan yet and will not be able to until the scheduled date of May 11th (wont have enough cash til then). In the meantime I THINK they will be subject to the stay.....
I absolutely will be able to make the payment to them on the 11th. Its for 2K out of the 5K I ll be behind by that point (since another payment is officially due on the 1st of May)...Im not sure how it works...whether I have to go through my attorney or what to make that payment....
Didnt have a choice though....as I said in the beginning....if all else fails I can convert to a CH13 later in the process.....but Im hoping that I can just get on the repayment plan with the mortgage and keep that outside of the CH7.
Am I being over worried about these things...?
Anyway, I had to make a decision quickly, and file slightly earlier than I had originally hoped as my income has increased recently and we were worried about not being able to file CH7...(he told me in our district it ONLY matters what the last 6 months income was at TIME OF FILING, even if they ask for updated paystubs at the 341 they work off of the filing date for qualification purposes. So, I ll have to trust him on that. Absolute worst case is I ll have to convert to a CH13, which has some benefits I almost took advantage of, but based upon advice of counsel, for now he says the CH7 is better.
So, we ll see what happens.
The reason I am a little concerned is that some of the charges are within 90 days (about 2K worth at about 60 days past, though nothing "luxury" should stand out)...and several thousand of the most recent charges were cash advances at a casino although those were all over 70 days and spread out over several cars with none more than 2K total. I know, trying to gamble my way out was not a good plan...but nothing I can do about that now but not do it anymore....
SO, after weighing the options, my atty still thought trying for the CH7 was better, even if we get challenged on some items....first he says the likelihood that ALL of the cards will challenge is low, and then for the ones that do we ll try and settle. He thinks that option will still cost less than having waited longer and been forced into a CH13 due to income issues.. too late now...decision made.
The other item I ll have to see what happens is with my mortgage....I am currently three months behind...but have entered into a repayment (catch up on the late payments by paying extra over the next 8 months). Unfortunately I have not made the first payment on that plan yet and will not be able to until the scheduled date of May 11th (wont have enough cash til then). In the meantime I THINK they will be subject to the stay.....
I absolutely will be able to make the payment to them on the 11th. Its for 2K out of the 5K I ll be behind by that point (since another payment is officially due on the 1st of May)...Im not sure how it works...whether I have to go through my attorney or what to make that payment....
Didnt have a choice though....as I said in the beginning....if all else fails I can convert to a CH13 later in the process.....but Im hoping that I can just get on the repayment plan with the mortgage and keep that outside of the CH7.
Am I being over worried about these things...?
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