Need help on filing timeline

[B12]

Someone told me that the 90 day wait on cc's is 90 days before retaining an attorney, not 90 days before filing.

I guess the intent to file is there if you retain the attorney.

I am afraid to even consult with an attorney until I get feedback from the forum here.

[keepmine]

You can file anytime you please. Nothing in the code about having to wait 90 days from cc use to retain a lawyer.
Never be afraid to consult with a lawyer.

[dmudduck442]

the 90 days is generally from your filing date. I would go ahead and talk to the attorney

[B12]

If any moderators on tonight, your feedback will be greatly appreciated, thanks.

[danaf]

interesting question I've wondered myself because last year before my family talked me out of filing BK I set up an appt. to consult with an attorney. But before he would see me he asked me to sign some form which to be honest I cannot even remember what it said at this point but at the time it seemed harmless. Some type of disclosure form.

and since learning about bk and objections I've wondered if consulting with attorneys in the past could be found in discovery and used successfully in the event of objections by creditors and litigation (ie. to prove intent).

[RickInMich]

Yep, my attorney had me sign a form that says, in part:

"Client acknowledges that the first date upon which the Attorney has first offered to provide any bankruptcy assistance is this date and that Attorney X provided client with the necessary disclosures and statements required by Section 527(b) of the Bankruptcy Code, copies of which are attached tot his Consultation Agreement. I have initialed below to acknowledge receipt of the disclosures required by 527(b) of the United States Bankruptcy Code."

Now I'm a bit concerend, too. I was going to wait at least 60-90days to file, but now I'm wondering if this date has some importance. Anyone know?

Rick

[B12]

Wow Rick, but again, it seems that there is only a problem if an objection arises.

I guess I will wait to contact the attorney only because I have a big balance transfer.

[325Falcon]

I think this is to show the attorney did solict you to file BK.

[RickInMich]

I think this is to show the attorney did solict you to file BK.

Falcon,

Did or didn't solicit me to file BK? I guess I mean, to show who?

Rick

[B12]

Anyone know for sure?

[lrprn]

Ok...let's see if we can clear the air here....

In a case where a filer had obviously taken a large (multi $$) cash advance a month before filing and spent it on luxuries, the creditor filed an objection to discharge that debt. As part of the proof that the filer took the cash with no intent of paying it back, the creditor's lawyer used the first date she met with a bankruptcy attorney (before she took the money, btw) to prove intent to defraud.

Unless you are in a situation like this, it's perfectly fine to meet with a lawyer before filing. To be as safe as possible, wait 70 days after taking a cash advance and 90 days after making charges on credit cards to file in order to shift the burden of proof to the creditors. Frankly, demonstrating to the court that you took money from a creditor without an intent to pay it back is hard to prove.

Deep breath, everyone. Unless you really are committing bk fraud, seeing a lawyer before you file is fine.

[B12]

Inhale, exhale, thank you, lol.

[RickInMich]

lrprn,

I see what you're saying. So in your opinion then, ultimately would you say that 70/90 day window should be before you meet with the attorney? In my case, I met with the attorney Sept 8. I definitely have a lot of charges the 90 days previous to that, particularly in June.

But I really don't want to go to a different attorney just to get to that 70/90 day window with a new attorney. On the other hand, if they're looking at it from the date we meet with the attorney, there's definitely no sense in struggling for the next 90 days waiting tofile. To be honest, not charging just from Sept 8 has been more difficult than I realized it was going to be.

Thanks for any info.

Rick

[lrprn]

Take a step back, everyone....you are overthinking this.

Only if you really did commit fraud are you jeopardizing yourself by seeing an attorney more than 90 days before filing. The simple act of seeing a bankruptcy lawyer is not proof you are going to file. In fact, many people that see a bankruptcy lawyer don't file right away or don't file at all.

Don't change lawyers, RIM - it's truly not necessary.

Folks, it's time to find something else to worry over (and I mean that in the kindest, most supportive way ). We are killing a gnat with an elephant gun here! lol!