Newbie needing advice

[endisnear]

Hello. This is my first post. Just looking for some basic suggestions, info, etc.

This is our situation, in a nutshell....
Husband was laid off about a year ago (mtg sales) and has yet to find work. Our mtg (1st and 2nd 80/20) is about $2600
We have truck and car pymts totalling $1100 (no equity in either)
CC/unsecured debt totalling almost $65K, min pymts total $1700

He's got about another month until u/e benefits run out. My salary is less than state median (CA) for 2 person household, but I did receive a one time bonus in Aug, and he worked temp for about 6 weeks.

From what I understand u/e benefits are not included in figuring prior 6 mos earnings, and we can argue that the temp job shouldn't be either, since he's no longer working there, and bonus shouldn't be since was one time???

We have borrowed and borrowed to stay afloat, but not knowing how long until he can find a job, and one that can pay what we need to meet all our bills, i am ready to throw in the towel. We are current on everything up until now, but next month the funs are gone, and we will not be able to pay everything.

Is there a certain amount of time between when you are first late, and when you can file? I'd like to be able to get thru a chap 7 soon while hubby's still not working. Otherwise, if he got even a low paying job, that'd push into a 13.

Any advise would be greatly appreciated!

[endisnear]

I should also mention...
a) our home is worth abour $130k LESS than what we owe.
b) i can only pay the car pymts along with our living expenses (mtg excluded)with just my salary

[JRScott]

Unemployment does count as income.

Even though the bonus is only paid say once per year it is included as income. You take the 6 month lookback and double that to figure yearly income. You could argue totality of circumstances but not sure you'd win it. Same with the temp job.

At the same time I'm assuming you mean it would only put you above the median income, that in itself does not fail the means test, you need to complete the second part of the means test.

Stop paying the credit cards and stop using them, you want 90 days from the last credit card use and 180 days from the last balance transfer or cash from the card.

Have you started looking for a cheaper place to rent?

[endisnear]

Yes, that's what I mean, that the u/e and bonus would put us over the state median. I've briefly looked at the 2nd part of the means test. I think the 1st time i tried it, our expenses were over my current income.

I was just hoping there'd be an easy way thru all of this LOL....I've looked around at rent prices, def cheaper than the mtg!

[endisnear]

Is waiting the 90 days and 180 days, so that I'm not liable for any of it?? I'd read somewhere about being liable for $550 of purchases in last 90 (?) days and $850 in cash advances in 70 days of filing

[endisnear]

Oh, also, how difficult would it be to rent somewhere with the BK? The mtg is only in my husband's name so i wouldn't have the foreclosure on my credit

[JRScott]

Waiting is to distance yourself from the debt as much as possible. It is possible to wait a shorter time but it gives the creditors a chance to perhaps object. However they have to object on a line by line basis, so if all your charges are reasonable everyday life charges, there is no grounds for objections.

If you rent only in your name shouldn't be to hard if you have good credit. Even with a BK most here have found accomadations at affordable rates to them.

[endisnear]

I see. Yes the only recent charges have been gas, food, or to pay cell bill. And that's only been on 2 of the cards. The rest haven't been touched in a while. Haven't been out buying new furniture, fancy dinners, etc. My credit has been perfect, with the exception of all my revolving accts being tapped. I've never been late, never had a collection, or anything else of that nature. I've also read that perhaps offering a larger deposit on a rental in leiu of them pulling credit is an option, but also being upfront about and BKs of foreclosures and explaining the situation to the landlord.

I guess the only real option left is to make an appt with an atty.