Hi. 24 year old newbie. Please help!!!

[Beeheery]

Thank you soooo much for taking the time to answer my ???s. I am supposed to be starting a job @ 10.00 for 25 hours a week. For $1,000.00 a month. I want to work really bad as I have been unemployed forever and I only have $38.00 in my bank account. Yes, I have future medical expenses coming up. Due to my surgeries (which were because of my surgeons negligence) I still have a continued need for pain meds. I was hoping to file a malpractice suit against my surgeon since my 2nd and 3rd surgeries were do to him setting my bones wrong. I consulted several attorneys who either said it was a conflict of interest (whatever that means) or that it wasn't malpractice and just "continued bad results." WTH?! Sigh...so I have given up all hopes of ever getting any money from my doctor and now have future dr appointments that I have to pay out of pocket and I do not even know if I can see them knowing I have no possible way of paying for them. I am crying right now because my life is so horrible and everything is messed up and I havent been able to get my degree because of my stupid doctor and I cant get any student loans and I just cant take it anymore.

[ssdsco]

[ssdsco]

And once you get a job you'll want to understand the wage garnishment laws in your state.

Another reason to wait to file BK is to see what additional medical expenses you incur and include those in your bankruptcy.

[Beeheery]

Thanks so much to everyone who has taken the time to answer all of my questions. I am going to wait to file until I get notice that I am being sued. I contacted an attorney in my area by email an hour ago and he got back to me stating I would still meet the means test as long as I make less than 35k which i definitely will since I will only be pulling in 1k per month before taxes. I am going to make my dentist and dr appt as soon as possible because I really shouldn't let me health go for free of a possible objection. Thanks so much to everyone and if I find out any info about my (my moms) car, I will let you so in case anyone else is in this situation. Thank you! Is anyone close to finding out whether their debts are going to be discharged? I will be keeping my fingers crossed!

[ssdsco]

You're sounding a lot better. Keep us posted on your progress.

[FreshLikeADaisy]

Thanks yoyo,
I just clicked on the link for trustees in my district and there are only 5 listed for northern florida???? I live in gainesville and none of those offices are close. Is it possible that there are only 5 in N. FL???? Thanks!

Beeheery, I think you made a little mistake. The District of Northern Florida applies to the Panhandle, not Northeast Florida. If you are in Gainesville, you will be filing in the Middle District, either in Jacksonville, Orlando, Tampa or Ft. Myers. Those cities and all points in between are in the Middle District of Florida, and there are a great many more than five trustees here.

Here's the website for the Middle District; if you click on Information you can find FAQs, courthouse locations, all manner of stuff:

http://www.flmb.uscourts.gov/

Good luck!!!!

[Beeheery]

Thank you Daisy! I was under the assumption that Gainesville was N. FL. I just relocated there in August from Fort Lauderdale so I assumed if it was up, it meant north. LOL. I am going to take a look at that link right now. Thanks so much again!

[FreshLikeADaisy]

No problem, I made the same mistake myself at first. (Since when is Jax middle of anything?)Good luck!!!

[Hollyhomemaker]

I believe the pp was wrong when they said no payments of more than $600 to a creditor in the last 6 months. It is actually 3 months, not 6 that they look back at for preferential payments. Otherwise that would be nearly in possible for a lot of filers since a lot of c.c minimums are more than $100 alone.

Of course a trustee can look back a lot longer for transfers of assets, but in terms of preferential payments it's the preceding 3 months.

[EveryDayAdam]

Also, I wouldn't worry about getting sued anytime soon. I went about a year and 1/2 without making ANY payments on my cards and I didn't get sued yet. I think I was about to, since my one Amex account made it to a local attorney who started making collection calls, but I filed before they had a chance.

since you just have $1000 split between two cards, I don't think you have anything to worry about from your credit cards for a LONG LONG time...think years. They could sue you, and people have been sued for such small balances, but it is rare. I'd stop making any payments to them, if you plan on filing BK. no point in throwing good money after bad. Save that money up and use it to pay your attorney when you file.

The medical bills are going to be a whole 'nother beast. Depends on the policies of who you have the bills with. They might file a suit pretty quickly, but I suspect you'll have a year before you have to worry about any kind of garnishment. If you're going to BK it all, then i'd stop making payments to them too...but i'd talk with an attorney first to see what they suggest. Since it's 3 months for preferential payments, i'd stop making payments to the medical bills and save that money to pay the attorney as well...then just plan on filing in 3 months. It will definitely take them more than 3 months to get a judgement and garnishment order against you...they have to decide to file, file, serve you, have a hearing, wait 30 days to give you time to pay the judgement, put in a writ of garnishment, etc. It'll most likely be 6 months before they can do anything with any teeth. So if you're going to only wait 3 months, then go ahead and stop paying...

But the biggest thing is to talk to an attorney ASAP. be completely open and honest with him/her and let them advise you because each situation is unique and they've seen and experienced them all.

Your case should be fairly simple, way below the median, no assets, and it'll likely cost you about $1000-$1500 for the attorney and court costs. The car will be the biggest wildcard, but I doubt that's an uncommon situation. More than likely as long as you can prove that the money was used for the car expenses, it doesn't matter that it was going to your mom. Just make sure you have cancelled checks, and (if possible) get copies of the cancelled checks your mom wrote to the car loan and insurance company. The other wildcard will be the cash advance, but the rule of thumb is 6 months. They can still object, but it's up to them to prove abuse after that, which is extremely difficult. Also, if you can prove that money was used to pay for legit expenses (rent, food, clothing, etc.) then it won't matter. Objections after 6 months are pretty rare too, regardless of the size of the advance.