So, I had planned all along to file on my own...

[ilovemycaitybug]

I don't know if you all remember a post I made about my husband deciding to file with me. I wanted him to at the beginning but he wanted to keep his name out of it and pay his bills as required. I had consulted an attorney in August (I think is when I first met with him, and paid him a month or so after that.) Anyway, he said to stop using my cards and stop paying them, which I did. He didn't want me to actually file until things got nasty with creditors, though (I was served papers in February 07). In the meantime, my husband was using his cards as usual (replaced a television in October). Things seemed to be going... well... okay. But really tight. So, in December he joined a credit counseling program (not CCCS, an online program). He (and I) thought we could work through his credit cards with credit counseling much easier than we could on our own. Many reasons, but the fact we were consolidating the credit cards into one payment was the main one. I spoke with my attorney about it and he said it was okay but he suggested Ch 13 rather than Credit Counseling. Hubby said no. So... in a nutshell... a few months into credit counseling we found a couple of creditors were not "applying" his payment because they weren't the right amount. They took the money, alright, but charged us late fees, OTL fees, etc. And the minimums mounted. It got out of control. And he decided maybe it was time to bite the big one and file with me. After all, if credit counseling was HURTING his credit (our scores were the same, 470's, after I hadn't made a payment on my cards since August and he had paid each month) why bother??? His parents and mine were giving us money to stay afloat each month as it was (not a loan, just help). We had no savings, lived paycheck-to-paycheck (including overdrafts), and were exhausted with the situation. So he decided to file, which the attorney was pleased with (even though he didn't charge more for the filing because it was now joint rather than single).

My concerns, if you've gotten this far, are:

• Since I visited and paid the attorney months before filing, what does that mean for my husband who has used credit cards since visiting/paying?
• We pass the means test on income alone (under median in OK)... can we be forced into a Ch. 13?
• Will the cards he used (several) be fighting this??? We honestly had no clue he'd be filing as he was very firm in the fact he was NOT filing until March.

Anyone with an experience like this? My concerns come from the previous post about Chase fighting a charge a week prior to discharge. We have several Chase cards. Since I visited an attorney months ago on MY OWN debt, I am worried they will fight my husbands even though he had nothing to do with my stuff (none of our cards are joint, all individually applied for).

Help! I'm freaking out now...

[CATCHMEIFYOUCAN]

LoveMyCaityBug

I don't know if you all remember a post I made about my husband deciding to file with me. I wanted him to at the beginning but he wanted to keep his name out of it and pay his bills as required. I had consulted an attorney in August (I think is when I first met with him, and paid him a month or so after that.) Anyway, he said to stop using my cards and stop paying them, which I did. He didn't want me to actually file until things got nasty with creditors, though (I was served papers in February 07). In the meantime, my husband was using his cards as usual (replaced a television in October). Things seemed to be going... well... okay. But really tight. So, in December he joined a credit counseling program (not CCCS, an online program). He (and I) thought we could work through his credit cards with credit counseling much easier than we could on our own. Many reasons, but the fact we were consolidating the credit cards into one payment was the main one. I spoke with my attorney about it and he said it was okay but he suggested Ch 13 rather than Credit Counseling. Hubby said no. So... in a nutshell... a few months into credit counseling we found a couple of creditors were not "applying" his payment because they weren't the right amount. They took the money, alright, but charged us late fees, OTL fees, etc. And the minimums mounted.

Sounds like you got into one of those bad debt mgmt programs that i almost fell into, I stood to lose $3500 in initial fees alone, but lost only $500 than got wise and started reading up on BK vs those debt mgmt programs (ones that aren't approved by the courts). You see they tell you to open up a "separate," FDIC insured checking account and tell you to save a certain amount of money each month (they wanted me to put $1000 aside each month, once the amount got a bit up there THAN they call a creditor to see which one will negotiate a lesser amount of the debt you actually owe them (and of course the dept mgmt program gets a cut for themselves) meanwhile interest rates are accruing, late fees etc., you name it). You have no protection from the creditors while in that program. AND they persuade you to avoid BK (Bk gives you protection)

It got out of control. And he decided maybe it was time to bite the big one and file with me. After all, if credit counseling was HURTING his credit (our scores were the same, 470's, after I hadn't made a payment on my cards since August and he had paid each month) why bother??? His parents and mine were giving us money to stay afloat each month as it was (not a loan, just help). We had no savings, lived paycheck-to-paycheck (including overdrafts), and were exhausted with the situation. So he decided to file, which the attorney was pleased with (even though he didn't charge more for the filing because it was now joint rather than single).

My concerns, if you've gotten this far, are:

Since I visited and paid the attorney months before filing, what does that mean for my husband who has used credit cards since visiting/paying?
We pass the means test on income alone (under median in OK)... can we be forced into a Ch. 13?
Will the cards he used (several) be fighting this??? We honestly had no clue he'd be filing as he was very firm in the fact he was NOT filing until March.

Anyone with an experience like this? My concerns come from the previous post about Chase fighting a charge a week prior to discharge. We have several Chase cards. Since I visited an attorney months ago on MY OWN debt, I am worried they will fight my husbands even though he had nothing to do with my stuff (none of our cards are joint, all individually applied for).

You all might end up owing what you hubby recently charged worst case scenario depending if the creditor(s) object.

Best of Luck, CMIYC

[lrprn]

Glad to hear that your husband finally realized he had to throw in the towel and file with you. Once debt gets to the stage where you are being buried with late fees and APR increases by all your creditors, it's nearly impossible to climb out of the hole on your own.

Answers to your questions....If together your combined gross income is under the Oklahoma median for your family size, then you should be able to file Ch 7as a couple. Your lawyer will be able to confirm that.

As far as your husband's cc charges, how much has he charged on each card over the last 90 days and what did he purchase with the credit?

[ilovemycaitybug]

Thanks for your answers! In the last 90 days, nothing has been charged on any of our cards. I believe the last time his cards were used was in November or October. We do pass the means test on income alone and show up as a "No Asset" case on PACER. Should we be okay, then?

[CATCHMEIFYOUCAN]

You should be fine ! ! !

Best Wishes, CMIYC

[ilovemycaitybug]

Thanks everyone!