How old or how long ago must the last activity or charge be in order to file for bk? I filed 9 1/2 years ago now I am in trouble due to medical bill issues. Because I tried so hard to pay my bills some are not as old as others I want discharged and I am worried that they are not old enough to file for chapter 7. Do you have to prove that you had circumstances beyond your control that caused this debt that is too much to handle on the income available now and in the future. I also want to file myself. How much will that cost? I paid a paralegal last time and it was $150.00. Why are lawyers charging so much? Is it that involved? I have a house that I cant afford anymore so I will have to wait until the bank forecloses on the house and kicks me out. Thanks for any help you can offer.
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The debt can be any age. Problems may arise if you have cash advances of over $750 70 days prior to filing or, cc charges for luxury items within 80 days of filing.
Lawyers fees went up due to bk reform. They have more work to do and more responsibility to verify their clients information.
You may be asked about the circumstances that led to the bk but, reduces income and health issues are acceptable reasons. -
If you know you have to file and you qualify, I would file before the house goes to foreclosure. Then your credit report won't show a foreclosure.Comment
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But if I do that, then can I include it in the BK? I wil not be able to keep it and am moving in with family. I became blind the end of 2005 and it is just too hard right now with all of my other health problems to live alone. I cant afford medical RX and dr visits, etc. and a house. Does this change your opinon?Originally posted by needafreshstart View PostComment
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Does not matter for bk purposes. A deficiency balance is unsecured debt and may be discharged in bk.Comment
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3cavaliers, when you file bk you will just state in your filing that you intend to surrender the house. Needafreshstart is right, you can avoid foreclosure by giving it up in bk if you already know you're not going to stay in the house.
Also, lest there be any confusion, you don't have a choice as to what debts you bk and what debts you don't; in a Chapter 7 you have to list ALL your debts (creditors to whom you owe more than $0). This includes accounts such as your utilities and cable bill, for instance. You can (and should) keep paying your utilities, of course, but you have to list ALL your debts, not just the ones you choose.
As soon as you know you will be filing, stop paying unsecureds like credit cards and old medical bills, and use that $$$ for an attorney. Also, if you think you will file bk, even if it's a few months away, quit using your credit cards now if you haven't already. Good luck!!!Nolo Press book on filing Chapter 7, there are others too. (I have no affiliation with Nolo Press; just a happy customer.) Best wishes to you!Comment
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Originally posted by FreshLikeADaisy View Post
Hi Flad. I am confused by this. Does this mean that I have to list utilities that are due but not past due? Say it's due 10 days from the day I file but I haven't paid it yet? Do I need to make sure there is a zero balance due on the date I file?
Thanks,
EPComment
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You don't need to list reoccurring hh expenses like utilities unless, you wish to discharge past due amounts,Originally posted by epiphany View PostComment
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Keepmine, I was told differently, but in practice I think you're right. When I looked at various cases some had utilities listed, some didn't. I included mine because they went with the house I no longer live in. In any case, the utilities tend to know when you bk anyway from what I have heard, whether you notify them specifically or not, so it may be a moot point.Nolo Press book on filing Chapter 7, there are others too. (I have no affiliation with Nolo Press; just a happy customer.) Best wishes to you!Comment
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