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Talked to First Lawyer today, I'm nervous about recent charges!

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    Talked to First Lawyer today, I'm nervous about recent charges!

    We talked to the first lawyer today. I had planned on doing the filing in October after the 90 days had past since the last charges were made. We stopped using the credit cards about 40 days ago now, but there were quite alot of charges. None of them were luxury charges, we had a home repair, and the rest was groceries, gas, utilities, insurance, and eBay fees.

    The lawyer said that we'd be able to do a Chapter 7 with no problem. He was very nice and seemed to know what he was talking about. I was upfront and honest about everything including the recent charges. I understood everything he was explaining to me and I knew he was giving correct advice because I've read it on BKforums before!

    I asked him how long to file thinking he'd say October or November. He said a few weeks from now. That worries me because I'm afraid that the two credit cards that we used recently will object. He said he'd have to look at the actual statements to see "what was charged" but unless they were lots of luxury items, he didn't see any reason to wait.

    This is a lawyer with alot of local bankruptcy experience. I went to the website that shows the scheduled 341 meetings in our area and it lists the lawyers names next to the people filing. He sometimes has 10 clients in a single day of scheduled meetings.

    Other than that, we liked him alot. I'm just worried that we're going to be in trouble with the two credit cards. Our other 7 cards haven't been used in over a year, some of them haven't been used in 5 years.

    Did anyone else file with charges less than 90 days old? I do plan on seeing a few more of the lawyers in our area before making a final decision. I was hoping to just retain someone in the next week or so and be able to give the attorney name to the collectors calling and hopefully file a few months from now.

    Of course, if I thought we wouldn't get objected to, it would be alot better to get it over with sooner. I didn't realize that was even going to be an option before.

    #2
    I used my Am Express up until a few days before I filed. I didn't know that I was going to file and used the card to buy groceries and necessities. Within the 90 day window, I made one large purchase for $700+. Not exactly a luxury item, by definition, but not exactly a necessity either (just a good bargain).

    I started researching my options when I received the notice of the pending foreclosure, but continued to use the American Express to conserve cash in the hopes that hubby would get a cross country run that would get the mortgage caught up. When I decided it wasn't going to happen, I contacted the attorney, met with him the next day and filed 24 hours later (very quick turn around).

    I sweated bullets during the objections period, but no one objected.

    I wish you the same luck.
    I used to have a life, now I have grandkids.

    Comment


      #3
      Originally posted by Lindsay View Post
      Did anyone else file with charges less than 90 days old?
      We've had members file who made charges for normal household expenses (no luxuries) just a few days and weeks before filing who had no objections and discharged successfully.

      Sounds to me like you've gotten good legal advice from an experienced lawyer familiar with how your charges will be treated by your creditors because of what's happened with his other clients. That carries more weight than our generic advice here that tries to cover all kinds of charges in all kinds of financial situations with different filers.

      Sounds like you may be filing soon! Keep us posted on what you decide to do, Lindsay.
      Last edited by lrprn; 08-31-2007, 06:36 PM.
      I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

      06/01/06 - Filed Ch 13
      06/28/06 - 341 Meeting
      07/18/06 - Confirmation Hearing - not confirmed, 3 objections
      10/05/06 - Hearing to resolve 2 trustee objections
      01/24/07 - Judge dismisses mortgage company objection
      09/27/07 - Confirmed at last!
      06/10/11 - Trustee confirms all payments made
      08/10/11 - DISCHARGED !

      10/02/11 - CASE CLOSED
      Countdown: 60 months paid, 0 months to go

      Comment


        #4
        Yes it is possible, we caution most to wait 90 days to be safe, but yes it is possible to file while having charged in that time frame so long as it was normal charges and not 'luxury' charges. (If you are Pro Se people wait the 90 days...).

        Your lawyer did mention that he'd need to look at the credit card invoices. If after that he still feels its okay to go ahead and file then you should be fine Lindsay.

        Sounds like a good experience, Good Luck
        May 31st, 2007: Petition Filed by my lawyer
        July 2nd, 2007: 341 Meeting Held
        September 4th, 2007: Discharged and Closed.

        Comment


          #5
          Thanks so much! I never would have dreamed years ago that my favorite internet forum would have turned out to be BKforum! It really helps to have such nice people to get advice from. When I found this forum, I was hysterical most of the time with fear and worry. Now, everyday I'm feeling a little better. I still wish we weren't bankrupt, but it helps to know I'm not alone.

          It would be great if we could file right away. I'm going to take in the credit card invoices for his review and see what happens. The only purchase that I'm worried would be considered not a necessity is my eBay fees for the past 60 days. I told him about that but he didn't make anything of it. I'm worried that the creditor will just think I bought something on eBay for myself and object.

          JRScott, Congrats on passing the 60 day mark!

          Comment


            #6
            Lindsay,

            Just wanted to say I agree with your statement about this forum. I can't tell you what a relief it has been to find people who are in the same situation as we are. I'm still mad as heck at myself for ever coming to this point, but I now at least realize we're not alone. And all this great information here. I'm filling my head with info before meeting with our attorney this week, so I don't feel like I'll be going in blind.

            I have the same fears you do, Lindsay, about our recent charges. Our charges seem quite substantial, to me anyway. To be honest, it was last weekend when I realized how much we had charged this summer when it was like a light when off in my head: "My God, we are NEVER going to be able to pay this all off." I had this fantasy, I guess, that at some point my income would increase and we'd start making extra payments, etc. But when you look at how much interest you pay and how little goes to the loan, it's just not going to happen. My only wish now is that I had realized this in May and not August! Then I wouldn't be worried about this latest run up in debt.

            People here tell me it may not be as big a problem as I think, so I'm going to trust them and see what our attorney says. My new attitude is one way or another, we will get out of this mess, and there is way more to life then credit!!!!

            Rick
            Last edited by RickInMich; 09-01-2007, 11:57 AM.
            11/29/2007 - Filed Ch 7
            01/08/2008 - 341 Hearing
            03/12/2008 - Discharged
            03/21/2008 - Closed

            Comment


              #7
              I'll just get a word in here about the forum, too.

              I waited a LONG time to file, and when the sheriff started delivering papers to me in January, I buckled down to this website (had been reading for a year) - I tried to post a few questions, but couldn't get in!

              I will never forget that day. I sat on my bed weeping like a lost child because I could not get into this forum. I thought I was going to lose my MIND!

              But you know? I got all my questions answered without posting a single one of them. That's how much is stored here!

              Then, on my BIRTHDAY, the whole problem with the website was solved and I got in - with a birthday message from Lazar.

              That was the best birthday present I ever, ever got.

              I filed two weeks later and was discharged and closed a month ago.

              Thank you, thank you, thank you.

              HH

              Comment


                #8
                ty bk forum and friends

                haven't posted in awhile but always pop in hope everyone is doing well and wish all of you the best in the future. after my discharge just in rebuilding process now.today had to dispute some items that were discharged but not noted on my report.But it all makes it easier knowing i can come here for help and support and hope i can encourage others to be strong.it's tough process,but the end result a fresh start take care all
                CH. 7 Filed 4/4/07 done DISCHARGED AND CASE CLOSED 7/10/07 approved auto loan 3/082005 ford escape 14500
                all cc balances paid in full after transactions credit report disputes raised fico 25 points fico 8/07 448 fico 4/08 595

                Comment

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