Question about renting apartment! Filing in 1 WK!!

[mesa777]

I just have one more question for everyone on here... this situation that I got myself into over a year ago is winding down, all paperwork is done, on my part, and getting ready to go see my attorney next week on the 24th to go over my paperwork packet, paystubs, bank statements, ect.....

Question is now this.... I am hoping to file a CH 7 and use my home in the means test calculations... have not payed for 3 months now.... Home has yet to go into foreclosure.... AM I AT THIS TIME BETTER OFF BEFORE I FILE TO GO OUT AND OBTAIN AN APARTMENT FOR MYSELF BEFORE THE APT COMPANY SEES THE BK ON MY CREDIT REPORT? I am sure that apt complex will wonder about the missed credit card payments and mtg payments.

If I am unable to file for a CH 7 I just dont know how I am going to get by having to make payments for 5 years.... just cant do it!

IF I file on 3/31, rent an apartment to move in say on 6/01, by that time I will have completed the meeting of creditors and can still say that I at this time live at my address of the home that I will walk away from!

Opinions please... anyone else in this dilema??

[JRScott]

Well this is something to ask your lawyer really.

It might be better to get the apartment now, not wait. That way you can use its expenses in your schedules. Depending on district they don't always allow you to use the mortgage expense if you are surrendering, something definitely to ask the lawyer.