My advice is to file before the new laws go into effect. However you know it will be a while before you can obtain new credit. Also does anyone have info on how to fill out the Chapter 13 repayment plan? I am filing Chapter 13 myself, but I do not know how to fill out that form.
My understanding is that you do have to be able to show that you are unable to make your payments. So make a list of all of your regular scheduled bills; car, home, student loan, each credit card including its balance and the minimum payment that is currently due, any other regular scheduled bills such as utilities and a high average of what they are, include insurance premiums averaged out on a monthly basis (if you pay them every six months or annually, just add them up whether they are due or not and divide them by 6 or 12 to get the amt that you would need on a monthly basis), include money for groceries, health expenditures, veh repairs, clothing, etc.
Anything you know that you either have to pay for each month or have a good chance of needing a few times a year. If this monthly amount exceeds what you take home, you should be eligible for bankruptcy. If it doesn’t then call each of your card co.’s and find out how much your minimum payments will go up to and see if that amount exceeds what you bring in. If it does not then you are not eligible.