Need Chapter 7 advice

[DMEN1230]

Hi I am looking for some advice I have about $30,000 in debt. $22,000 over 3 credit cards that I have not used since October of 2015. I also have about $8,000 a personal line of credit which I last used in February of 2016. Some of the debt has accumlated over the years due to gambling but I have never reported any type of gambling winnings or losses on my taxes due to the fact that there have not been any large wins or losses.
One of my questions is do I have to acknowledge or indicate gambling when I file?

I am possibly going to file in October of 2016 I will qualify for a chapter 7 because my income will be below the state mediums by about $3,000 for the last 6 months.
Unfortunately I had to file chapter 7 in 2005 if they ask you in the 341 meeting if you have filed before are they asking to see if you are eligible to file again or will they hold it against you?
Most of my transactions have been balance transfers I have been playing the credit card game robbing Peter to pay Paul any advice would be helpful
Thanks

[LadyInTheRed]

If you have gambiling winnings in the last 6 months, I would think that would be income you have to list. Otherwise, it will likely come up only if the trustee asks at your 341 why you have to file BK.

I think you have to say on your petition whether you have filed bk in the past. Any questions about past filings will have to do with your eligibility for discharge. The trustee can only hold it against you if you are not legally eligible for discharge.

The balance transers won't be an issue either as long as they occurred at least 70 days before filing. I am sure it is very common for debtors to have paid the balance transfer game before filing. I know I did!

[DMEN1230]

Thanks for responding - just a couple other questions if you do not mind.
Do you need to provide rent receipts for your lawyer or the 341 meeting - I presently rent from a family member and pay cash - no receipts.
In regards to tax returns - I have received mine already about $4000.00 in February - it will all be spent before I file - I have been using it
for household items and to pay my CC bills. Is that OK? I have been only make minimum payments. Can't remember the last time I have
actually saved any $$.

Thanks once again.

[LadyInTheRed]

You can only provide receipts that you have. The trustee would likely only want them if the rent seems high or s/he thinks you are hiding something. If it becomes an issue, perhaps an affidavit from the family member will suffice. You might want to start having your family member write you receipts.

Spending a tax refund you receive before filing is not an issue as long as your don't try to hide any assets you purchased with the money and the purchases did not result in you having non-exempt assets. But, as the year goes on, the potential for next year's refund to be an asset that must be exempted increases. Also, with that large of a refund, your withholding is probably not an accurate indication of your actual tax liability. So, your expense for tax withholding may need to be lower on your petition than your actual withholding.

[DMEN1230]

I have had extra $$ taking out of my paycheck each week for years so I could get a bigger tax refund. I am going to change my W-4 next week I do not want to lose next years tax refund do you think they would take it or was it just a possibility they might take it??

[LadyInTheRed]

It depends on the trustee. But, if you are filing BK in October, be prepared to give up your 2016 refund if you can't exempt it. A bankrutpcy attorney familiar with local practices can give you a better idea of what will happen.

[DMEN1230]

Just an update. Retained an attorney I am going to sign the petition on September 7th. She will officially file by the end of September and I should have my meeting in October. Attorney says next year's tax refund should not be a problem and that I worry to much. Which I do.
Stopped paying my cards at the end of July. My next bill was due yesterday so I am officially late.
My question is when should I expect to start receiving phone calls from creditors? Should I ignore them or answer the phone right away? If I do answer should I tell them I am process of filing and the date I am signing or just tell them to call my lawyer.
I thought I read on another post to tell them nothing until you officially filed.
Any advice would be helpful.

[DMEN1230]

Only been late for 2 weeks. Discover and citibank have reduced my credit limits not going to ever use them again though. Got a message fron citizens bank to call them.
Should I call back or will till I sign the papers?

[DMEN1230]

Papers have been signed just waiting to officially file. One question I currently have about 8 credit cards with no balances 5 alone from capital one. Is it possible to keep any of them or will they all be closed. Is it worth the effort to call capital one and ask if they would let me keep one or work out some type of a deal to keep one.
Any thoughts?

[leonel9]

I currently have about 8 credit cards with no balances 5 alone from capital one. Is it possible to keep any of them or will they all be closed.

As credit card companies regularly review your credit report, they will most likely learn of the bankruptcy filing and discharge. Nearly all credit card companies will close your card.

If it were me I'd take my chances at leaving it open and seeing what happens. With that in mind, I would not rely on these cards after you file, as they could be closed at any time. In other words, have backup forms of payment in case they are closed the day you are at the checkout line in the grocery store.

On another note, Capital One is one of the card issuers that grants credit to those shortly after discharge.

[DMEN1230]

Update:
Had my 341 meeting on Thursday, October 27th. One piece of advice - make sure you know what your attorney looks like. I have only been dealing with one person but they day before my meeting I was told her partner would be there at the meeting. I had only met the partner once - very quickly went she stopped by her partners office - and that was a couple of months ago.
My meeting was for 2:30PM a lady comes in not sure if she is my attorney points to couple of other people to follow her into the room never calls any names or acknowledges me. I was supposed to meet her at 2:15PM - I was there over an hour early. It is almost 2:30 and nobody has greeted me yet. Luckily I hear my name mentioned by the trustee - had to run into the other room and say I am here - as they where getting ready to call another name. I was already nervous and this made it worse.
I as for the meeting it went OK. I was asked a lot of basic questions - did you sell anything - does anybody owe you $$.
He did ask about my rent - how much I paid - did I pay by cash or check and if I had receipts. I pay weekly in cash no receipts. He did not ask any further questions on that subject.
He asked about my 401K - wanted to know if was voluntary or mandatory. It is voluntary. The only other thing he wanted to see was a copy of the deed to my mother's house. I am listed as beneficiary in a irrevocable trust. My lawyer said she would email him a copy. After the meeting she apologized to me and said the meeting went good and doesn't see any problems.

What was interesting was the questions that were not asked. Did not ask how I got into this mess. Did not mention my tax returns (usually get a large refund) did not question any expenses other that the rent issue.

This leads to my question - I noticed in PACER that it just saids - Meeting held with the Trustees name - will that change once he reviews the document requested or will it stay that way until my discharge (hopefully) which would be on December 27th. Right between Xmas and my birthday (12/30)

I guess I am now a member of the 60 day club.