[limbo_alabama]

We are planning to file bankruptcy in about a month on our $44000 in cc debt, a truck we are $10k upside down on and our mobile home (we are $30k upside down). We've consulted an attorney and been told we qualify for chapter 7. I've asked him this, but he never gets in a hurry to return calls or emails so I thought I'd ask here just in the meantime.

Until this month, we have not been behind on the truck or home. We decided to toss them in the chapter 7, but ended up not being able to pay the jan payments anyway... a sign to me we made a good choice. Anyway, when we get our tax return in 2 weeks, we were going to put a $2k deposit on a rental home, sign the lease and move out of this home. We want to put this entire hell behind us.

My question is- will the bankruptcy court take issue with us having used our $2000 for the deposit on a new house rather than having paid it toward the house we will only be 2 months behind on at the time? Does that make sense? We technically COULD pay the mortgage with that money but if we did, we couldn't do the deposit for the rental, plus I would feel like I'm throwing money away. Our attorney told us to stop paying anything that we are going to discharge. Do they even look into that?

I'm wondering if they are going to question why we are discharging the house since we aren't at the point of foreclosure. Do we have to wait until we are being foreclosed on? I just don't want to live in limbo, not to mention this rental is a DREAM and I don't want to miss out on it.

Sorry if that doesn't make sense. If I don't hear from my attorney by tomorrow, I'm going to find a new one! In the meantime, any thoughts or experience you have would be appreciates. I live in Alabama, by the way.

[Fr_Chuck]

2000 is a very large sum for a lease deposit, is it a 2000 or 3000 a month rental ?

They will look at your ability to pay certain things if it is challenged by one of the creditors.