New with lots of questions, but first about the 90 days thing

[frustratedsc]

I hate to be here, but I am. The quick of my situation is I am married, but I am filing BK alone. I have about 42K of unsecured basically CC debt. It is all in our name. We are planning to keep our house and cars ( in both names). I had my initial free consult and was expecting to end up in Chp 13 b/c we have steady and decent income. But looking at our whole situation ( huge student loan and child care expenses) my attorney said she thought I would be able to do a Chpt 7. I have filled out the long for and collected all of the paperwork and I go in on Feb 4th for my appointment to get ready to file ( I have already paid her retaining fee, I just need my tax money to pay for actual filing). My question is this, when I went for my consult in mid Dec, I was still paying all CC's. I was slightly late but not even 30 days on any. She told me to stop paying any of them that Iwas planning to discharge, so I did. She made no mention of any 90 days after using them or anything. I used some as recently as early-mid Dec and have made no payment on them since. ANd I have a cash advance on one was recently as Nov ( and no payment since Nov). Is this really bad? I never heard of this at all until reading this forum. What should I do?
TIA

[deadmonetree]

how big was the cash advance?

[Tromploi]

If you can, postpone the filing. The longer the better between usage and advances. 6 months is better than 3.

[frustratedsc]

The cash advance was like 200 I think.
Wait to file, really? I thought the sooner the better to get this all over with, stop the calls, and move on past this. What if I went ahead and paid those people a little bit?

[AngelinaCat]

[liz417]

The cash advance was like 200 I think.
Wait to file, really? I thought the sooner the better to get this all over with, stop the calls, and move on past this. What if I went ahead and paid those people a little bit?

If you plan to discharge them, don't waste your $$ anymore by paying them. Since you hired an attorney, have him/her take the creditor's calls. I stopped paying in mid May and directed all my calls to my attorney. Haven't heard a peep. Although $200 cash advance isn't much, best to put as much time as possible between the charges/advances and filing.
Good Luck!

[deadmonetree]

from what i have read $750 is the number that they look at and anything over.

to the next poster sorry didnt catch the name before i replied...if you stopped paying in may why have you waited so long? i see alot of people waiting 8- 12 months is there a reason and dont they come after you?

[frustratedsc]

I do see an edit option next to "quote" on my 2nd post on this thread, but not on the original. Sorry. I dont know how to edit it.

So you all are saying I should call my lawyer and cancel my appointment set for Feb 4th and reschedule it?

If so, how much longer should I wait?

Will my attourney just wait for months since I have paid the retainer?

What really is the problem with having the charges and filing close together? The creditors will just give me more hassle?

Thanks. Sorry I cant seem to edit the original.

[liz417]

from what i have read $750 is the number that they look at and anything over.

to the next poster sorry didnt catch the name before i replied...if you stopped paying in may why have you waited so long? i see alot of people waiting 8- 12 months is there a reason and dont they come after you?

Because I'm a ch 13 and my attorney wants to be paid in full (vs. rolled into the plan) before he starts my case. I was suppose to file at the end of July...but that didn't happen. I also owe over 72K, but the creditors haven't sue me yet (knocking on wood ). I HOPE to be paid up and filed sometime in Feb.

[liz417]

I do see an edit option next to "quote" on my 2nd post on this thread, but not on the original. Sorry. I dont know how to edit it. The edit button disappears after awhile and I am unable to edit my posts after awhile.

So you all are saying I should call my lawyer and cancel my appointment set for Feb 4th and reschedule it? No, I would keep the appointment and ask your attorney what he/she thinks. Your attorney would have a better idea of how your Trustee looks at things like cash advances, etc.

If so, how much longer should I wait?

Will my attourney just wait for months since I have paid the retainer?Mine did, but ask if it's wise to wait 6 months just in case.

What really is the problem with having the charges and filing close together? The creditors will just give me more hassle?

Thanks. Sorry I cant seem to edit the original.

[PoorGrammyinBK7]

The cash advance was like 200 I think.
Wait to file, really? I thought the sooner the better to get this all over with, stop the calls, and move on past this. What if I went ahead and paid those people a little bit?

I am not sure, but I think I read that if you took a cash advance - or multiple cash advances adding up to: $750 or more - within 70 days of filing - it was automatically not dischargeable. So if yours was only $200, you are likely okay - sounds like. Might not hurt to pay a little bit tho.

You probably will not file the day you meet with your attorney either. Usually takes some time.


(This is not legal advice, as I am NOT a lawyer)

Good luck...

[deadmonetree]

so then to get this right if you are filing chapter 7 you can retain a lawyer have all the calls go to him and not pay for a year waitling for anything objectionable to be past the year?? if so i am just amazed!! as for the original post I cant imagine them questioning 200 dollars! I have read on here that you can still use them if it is for living expenses (neccesary ones) but of course thats not legal advice im sure there are lawyers on here but definitly not me!

[SubPrimeME]

Yes- most atty offices are VERY busy, for me it took 90 days after I paid in full before they started to even work on it, let alone file.... Let me think, I paid in full in May, and wasn't filed until end of nov.

Plus 200 bucks, I doubt that will raise an eyebrow.

[deadmonetree]

so SUBPRIMEME did your lawyer wait on purpose was there something objectionable? To me its sounding like your get yourself in order and then hire a lawyer and sit on it? not you personally. so bts, cash advances as long as your lawyer waits you should be fine? or do they go from when you stopped paying? this forum is teaching me so much!!

[gymbo]

Wow

Yes- most atty offices are VERY busy, for me it took 90 days after I paid in full before they started to even work on it, let alone file.... Let me think, I paid in full in May, and wasn't filed until end of nov.

Plus 200 bucks, I doubt that will raise an eyebrow.

My Attorney told me, once we did our credit counseling, and paid in full it would take him 1-2 weeks to file!!!