Recent credit card use and bankruptcy?

[Jenniferf82]

I'm pretty new to the whole idea of bankruptcy, but, at the moment I don't see any other alternative. The problem is, I was still trying to keep my bank account afloat and thus living on credit for the last three months. Most of my credit cards have hardly any use at all in the last 90 days, BUT, one card, my highest balance one no less, has gone from a balance of $3500 to $7400 in the last 90 days. My husband lost his job, I was laid off. Then I got a job back with an old employer that was temporary but supposed to go to full time and my old higher wage in January. So, I made a balance transfer to the credit card attached to my bank account to keep my bank account floating until I got my raise back to my previous rate. A few days after making the balance transfer, I got laid off again but was told that I would be rehired as a permanent employee in a couple weeks with my old wage back rather then base rate like I was making as a temp. I had previously worked for that company for 5 years and had worked my way up in the payscale. They also stated that they would be able to hire my husband who had done similar work in the past, though not for as much as I would be making.
Well, a month later they finally call me, I go back in, get reinterviewed re-drug tested the whole nine yards. All this time I'm expecting to get my previous wage back like they said I would. I get my job offer and it's BASE rate like they offer someone fresh out of high school. $8 an hour. This happened last week. I was counting on getting my job back. I'm getting unemployment, but, it's only enough to make my car payment and insurance. It's not enough to pay my mortgage, my second mortgage or any of my credit cards. My mortgage is supposed to be foreclosed on March 8th which seems awfully fast since they got a payment from me in December. My car is a couple days late but has been current so far.
My bank account is now in the negative $400 and dropping $34 per day, My fees will be more per week then I get in unemployment. My bank refuses to work with me on the fees and won't let me suspend or close my account until I bring the balance to zero which I can't do any time in the foreseeable future.
I really don't know what to do. I'm afraid of going to jail for check fraud for my bank account being overdrawn and companies still taking payments that are no longer authorized. I don't think I can wait 90 days to file, in that time I will lose my home and car. But if I file now I'm afraid they will see it as fraud. I don't have a dime to my name, much less the $1500-$2000 I've been quoted for a lawyer. What should I do? Is there anyway I can reaffirm the $7000 I owe to that company to avoid a legal problem when I go to file and just file now?
Any ideas?

Additionally, if I wait another 90 days then I will be under Florida's jursidiction instead of NY which are much lower limits.

[TEW]

the first thing i would do is open a new checking account in another bank.
And don't let anyone do automatic payments.
here is some information on FL foreclosure.
http://www.realtytrac.com/foreclosur...osure-laws.asp

[eddiep]

I don't have any answers for you but I wanted to let you know I hope everything works out for you! Things sound so stressful for you guys right now. but you are in the right place, there are a lot of helpful people here and a lot of great advice! Good luck!

[eddiep]

I did see here that you can discharge overdraft fees on your checking account in bk. Call a lawyer, the first appointment is free, see what your options are. It is not hopeless, don't give up.

[dingdong]

I can tell you from a kind of sideways personal experience what happened to a particular case where the debtor ( who happened to be my landlord) (Weenie!) ( but I digress) had charged about 9000.00 on a CC, including a 3000.00 BT to his checking account and some retail purchases within 90 days of filing. The CC company, I believe it was Cap 1, filed an AP/objection claiming fraud and citing his BK petition as proof that he was insolvent during the time the purchased/BT was made. The AP was filed right before the 60 days was up.

Just before the AP hearing was scheduled, there was a settlement agreement posted on PACER in his case. The CC settled for 2500.00 and the case was dismissed.

He was actually discharged before the settlement was reached and the AP case was to be heard.
He had a lawyer represent him in his filing, but the attorney did not represent him for the settlement.

And although this is one case where I was hoping the creditor would win big (cause he tried to royally screw me and my family by renting us a house that was already in foreclosure for a few months before I moved in) The creditor settled for much less.

I know this doesn't really answer a lot of your questions, but it may help you to know what could happen with the recent charges.

Please know that even if this one creditor objects to a particular debt, it does not have an effect on any of the other debts that are included in your BK. So... if this is the only CC that you have recent charges on, your other debts should not be affected if/when this creditor objects.

Hope that helps you somewhat.

DD