Need Advice

[CindyLou]

If your attorney is saying they won't cry fraud then why do you keep worrying? All I'm saying is if you want the burden of proof off you then wait the 90 days. The creditor can object at any time, whether its a 13 or a 7. After the 90 day window the burden of proof shifts from you to them. Whether the trustee objects to your plan is whole other animal. If you are comfortable with your attorney then go with him and don't worry. You are getting personal opinions from us here on the forum. Typically most people wait the 90 days. There is hardy EVER a downside to waiting the 90 days unless you actually have a judegement IN HAND. A judgement or garnishment IN HAND is usually the only reason for an "emergency BK." Yes, an overdrawn bank account can be included as a creditor....i.e. the bank portion can be. However, a "hot check" or "bounced check" from the actual merchant may not be able to be included if the merchant decides to press charges for the the hot check if the bank did not pay the check and the check actually bounced. Laws differ from state to state on that one. But bank fees are dischargeable just like any other debt.

[HenriettaHen]

CG -

Can I include an overdrawn checking account as a creditor?

They'll certainly be including you as a debtor, so yes.

He and the trustee are tight so I would think he is telling me the truth.

A word from HH - place absolutely NO FAITH in the idea that you will succeed in this endeavor, based on the notion that He and the trustee are tight.

This is a fallacious way to approach bankruptcy.

I just charged this $6500 in the last 2 months

Be ready to explain every single detail about these charges.

I know I'm a hardass.

[CityGirl]

Several reasons.
I live with my sister. I do not want to take the chance that they will call our home, even though her number isn't on anything. I have about 23 creditors and if they all called, there is no way I can deal with that.
I have to file soon also because I have a huge ($4,500 ) sale pending at work. I'll know Monday and if it goes through, it'll make my income look very high. It won't hit until September in my pay so I want to file soon.
I'm just worried about my bank statements showing gambling withdrawels and i want to pay back that bank which is not preferential treatment since it's overdrawn and not a debt.
I brought up to my attorney about making charges recently on my cards and he said, it doesnt matter, you're doiing a 13.
So, I'm going to email him and clear a whole bunch up before preceding. I want to pay the min. on my cards though until filing to avoid the phone calls. I will not charge then for 3 months. I need to talk to attorney and he will guide me to do the right thing.

Hi CityGirl ...I'm still confused as to why you don't stop paying, stop answering your phone, wait the 90 days and THEN file? Chances of them calling your family during those 90 days is slim. Have you given out your family's number on your app? Call and change your numbers now to your cell phone, it can't hurt. Plus even if did happen to call your family it would just be a "this is amex calling for XXXX, please have her call me"....they woudn't disclose any information. it would be a fill in the blank kind of thing. you could say you forgot to pay our bill. or your check got lost...etc. You could make up anything. I say wait the 90 days. Hands down.