Filing strategy around the holidays

[ekorB]

Is there any advantages/disadvantages to filing around the holiday season? I'm thinking that there will be a lot of people out on vacation during this time frame and may slow the process or create mistakes.

Also, trustees/judges/courts could be more lenient during this time frame? Anyone have any input about this?

[keepmine]

The big downside is, if you expect an income tax refund it could become property of the bk estate if, you don't have enoughexemptions to cover it.
Speak with a lawyer and see how it's handled in your district.

[paintinrosesred]

I was thinking the trustee may be tougher to make money to pay for his/her holiday expenses.. love to hear other's input. We are filing around the holidays.

[justbroke]

I don't think the fact of the Holidays affects any judicial proceeding. A Bankruptcy is a particularly technical procedure.

Mistakes will be made regardless of the time of year. We are all human, after all.

I don't think the Trustee, Judge or even your lawyer will feel particularly lenient... unless you're a pro se filer. While there may be things that are discretionary in the Bankruptcy Code -- I can't personally think of anything -- most of it is of a technical nature and of a specificity that can't (or won't) allow deviation or leniency. It's not as if it's a sentencing guideline... or a guideline in any sense.

They may be more cheerful... they may more easily allow you to skip a payment... but you ARE going to have to make that payment.

When I hang out with the lawyers (representing Debtors or Creditors), they are always joking and laughing. Even joked around with the Clerk of the Court and the U.S. Trustee... while in the courtroom. However, when the Judge entered, it was all business.

[HHM]

There is no particular advantage or disadvantage. Jan-April tend to be the busiest months for filing. But there are a couple of considerations.

1. As was already pointed out, income tax refund. If you expect a refund of more than a $1,000, you should probably delay filing until after your receive it.

2. What are you doing for the holidays, if you are going to travel and need credit to do so (although big picture, you should stop using credit ASAP), you should probably wait. If you filed today, you would not be discharged until February.

3. How do you plan to fund Christmas (again, big picture, this is a great opportunity to try an all cash Christmas).

But strategically, there really is not upside or downside to filing around the holidays.