When should I do cc if i plan chapter 7?

[stopthebleeding]

I was concerned called my paralegal so I can file in 6 months. He said no it's the last thing you do and it has to be within 180 days of filing . Does this mean i have have to wait 180 days to file or not? Cause i have stopped paying and don't want judgements before I file.

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Join Date: Apr 2007
Posts: 7 When should I do cc if i plan chapter 7?

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I was concerned called my paralegal so I can file in 6 months. He said no it's the last thing you do and it has to be within 180 days of filing . Does this mean i have have to wait 180 days to file or not? Cause i have stopped paying and don't want judgements before I file.


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btw i live in california

[SinkingFast]

I moved your question here. You're more likely to get the answers you're looking for here.

Are you asking about Credit Counseling?? Or charging on Credit Cards??

CC generally means Credit Card here, but your Q leads me to believe you mean doing Credit Counseling pre filing. Cause you said 180 days. Correct??

Credit Counseling has to be done no longer than 180 days before you file. If you were to get your Cert today, 4/4, you'd have to file on or before Oct 1st. If something happened and you didn't file by then, you'd have to get another Cert.

Based on the info you gave, your attny is telling you to wait longer before getting your Cert. It really won't hurt to wait. Many agencies will email your Cert direct to your attny. You do your Counseling Session one day, your attny has the Cert the next.

If you get sued by a Creditor you're gonna have some time to work with. You'll get notice of the complaint. There will be a time frame to file a response or you'll have to go to Court. By the date set for Court, you could have gotten your pre-BK Cert, filed your BK, and be under the protection of the Automatic Stay.

[juststupid]

No you don't have to wait the 180 days after you do the credit couseling to file. He just means you need to file within the 180 days. Credit couseling is the last thing you should do. We did ours 2 weeks before we filed.

[jal1129]

Same here. We actually had gone in to the attorneys office and took care of all the paperwork first. Then the next day did the credit couseling then 2-3 days later I went back and paid the attorney and filed.

If you do the class on line (at least where we went) you can log in and take it anytime 24/7. I would wait to take it until right before you file.

[BKTango]

First in order for any creditor to receive a judgement they have to serve you, then you go to court, they have to win...so on. You have to file your bankruptcy petition with the court (or your lawyer does) within 180 days of taking the credit counseling course. If you do not file during that time, the certificate you received is no longer valid (it expires after 180 days) and you will have to take the credit counseling again. So you don't have to wait 180 days, just make sure you are filed before 180 days is up.

[ilovemycaitybug]

I did my CC well before the filing, because I thought I'd be filing much sooner than I did. My husband finally gave in and decided to file with me

I was told, though, that we did have 180 days, but after that I'd have to retake it (i.e. another fifty bucks). Since hubby decided to file after I filed we had to pay it twice since it wasn't tied together. No biggie... a small price to pay to get it ALL taken care of.

I'd stop paying the credit cards about 3 months before filing if I was you... and DON'T use them .. especially anything crazy. Just to be safe!

Remember we're here for you! This is a stressful time and we're all here for eachother! I visit every day!