Unsecured debt questions

[pambysue]

I have a couple of questions regarding the 70/90 day rules. First, last month my bank account became overdrawn due to online gambling and it snowballed. I had my direct deposit paycheck go in and a $400 charge came out for a stupid payday loan (i wasnt anticipating that as I had contacted them and they agreed not to put it through yet!)..it was 'reversed' after a couple of days, but not before my gambling debts went through and caused several NSF charges. As it stands, my account remains $490 overdrawn!!! I cannot pay it back because I have to pay my lawyer to file my BK in 3 weeks. I know the bank is going to close my account and I will have to file it on my bankruptcy
Second, I am going through foreclosure and surrendering my house. My lawyer had advised me to look for another place to live so we found an apartment. I had to pay $675 security and rent. We are in the process of moving now.
Will either of these things cause red flags or make the Trustee question fraud??
Thankyou for any advice you can give me!!

[FilingOnMyOwn]

No, nothing you've mentioned should be of any concern. Now if you had taken out cash advances on credit cards for gambling, that would be one thing. But just an overdraft on your bank account, less than $500... noone will even bother wasting any time trying to get that money back from you.

[pambysue]

Thanks filing! but, do you think they are going to look over my bank statement and say because i've squandered so much money over the course of 3 months, I can afford to pay my debts and force me to do a chap 13? I so want to wipe my slate clean and start over without making any of the same mistakes! but if I am forced into a 13 plan and they go by my average earnings over the past 6 months for disposable income (i have lost 8 overtime hours a week since September which is about $230 weekly) I am going to be screwed. there is NO way I can afford that much a week to pay to the plan.

[emoney]

After hearing of where you are today it is really clear that if you do not change your habits BK is not the solution to your problems.
Gambling, payday lending and bank charges are something that most of us cannot afford. It seems that you are in the same boat with the rest of us, as we cannot afford them either.
So if you do not change you ways of living you will remain in debt for the rest of your life.
I hope this is a wake up call that you need help move your life in the right direction.
Regards,
emoney

[CindyLou]

pamysue,
You may need to wait a few months until your average earning goes down. On the first of each month the counter moves up a month. So if you don't fall below the median this month, with each months that passes and your income in less then you may qualify. Unless you have a lawsuit pending, then waiting is ok.

[pambysue]

thanks for the replies. Yes, emoney..I have definitely learned my lesson and I am day by day working on changing my habits! I suffer from OCD & anxiety disorder. I am once again on medication for it and it really helps me from living compulsively! I have also joined a GA website that is really helpful.
And, yes cindy..I am waiting until december 8th as that puts me under the median income. I was killing myself working overtime to try to pull myself out of my bad spending habits with no luck. I couldnt make all my payments to everything and my bank account started to 'snowball' with all the fees incurred. So, after consulting with my attorney, I had to cut back all my overtime for the past couple of months .. which was being eliminated anyway..but, then by waiting until dec to file my BK, it shows me just under the median in NY state for a family of 2 (just me & my daugher who is 12). It has gotten where I cannot wait any longer. They have served me with foreclosure papers (which i planned to surrender my house anyway) and if there is a deficiency (which there will be!!) I would want it to be under the umbrella of bankruptcy. So..needless to say, I have MOST DEFINITELY learned my lesson! I was a responsible person up until a few years ago when I found myself all alone with my daughter and started having panic attacks and wouldnt leave my house unless it was to go to work..not even to the grocery store! i had my older daughter who doesnt live with me do my shopping for me! Then it developed into obsessive/compulsive behavior. I am overcoming, but it has been a real wake up call for me. I have lost everything and I just want to start over again and never look back!
Thankyou for all your help in my time of need!

[emoney]

Your latest posting shows that you are getting your life back together.
Best wishes and blessings.
emoney

[pambysue]

Thanks emoney. Yes, I believe I am getting my life together again. Its just unfortunate that I had to learn such a valuable lesson the hard way..by losing everything I have worked all my life for. But..live and learn..and dont make the same mistakes again!