using cards in the past year - prevents from filing ch7?

[smallbizgirl]

Hello, I am new to this forum but have read a LOT of your posts and so appreciate all of them. And, please forgive me if this question has already been answered - I searched but didn't find what I was looking for. Maybe searched with the wrong keywords.

Anyway, I have missed my first payments this past week and hubby and I are meeting w/a lawyer Thursday to get going on filing Ch. 7. It is just an initial consult but after doing our research and talking w/4 lawyers on the phone we like this one the best, and are prepared to put down a retainer to file Ch. 7. We have $75K in CC debt as well as two car payments (both current). No house, no kids.

Discover has been calling me multiple times a day, and I finally answered today... told them I could not make the payment and we were meeting w/a lawyer this week so of course they flipped me over to their collections agent. After telling him I could not make a payment today he told me that if you had used the card in the past YEAR, you could not file for BK under the new laws. Is this true? If so, I am scr*wed, we have regularly used our CCs for the past several years b/c our expenses were always more than our income (we lived in California and just stayed there too long, period. We have moved now but I am only working p/t and it's not getting the bills paid even w/my husband working f/t).

The charges weren't substantial, probably less than $1000 in the last year on that card, but now I am really starting to worry as our attorney didn't mention this. Is it just a scare tactic? I am not sure if it makes a difference but the charges were for my small business I am attempting to start from home, for a postcard mailer and some customer t-shirts - not exactly for a vacation or anything frivolous!

I appreciate any insights! Thank you!

[diebroccoli]

A) No, its not true
B) stop speaking to the agents. You dont have to be rude, but you dont need to speak with them
C) do a search on the 70/90 day rule (might be 71/90) in this forum. it will explain all about recent transactions on cards
D) Always speak to your lawyer as he/she will be the definitive source for answers. And of course, always get a second opinion once you understand your situation

[smallbizgirl]

Thank you! I just wanted my phone to stop ringing - I didn't tell them we were definitely filing, which I gather is not the best thing to tell them until we have - but dang, they were LITERALLY calling every 20-30 minutes. I will check out that 70/90 rule - thank you again!

[diebroccoli]

i've worked in both collections and the debt settlement world. And though I'm not proud of either, i can tell you that these people are trained to do and say anything they can to get your $$$.

Speaking to them will do nothing but cause headaches and stress. Of course, you could always have some fun with them too. If you've got some free time and the nerve, just stay on the phone with them, speak pig latin, use an online translator to bark out some things in a foreign language, ask to put them on hold...for 10 minutes at a time, play loud music in the background. Basically just annoy them. Dont make any promises, dont do or say anything illegal or threatening. but have some fun if you want.

[kathy4530050]

i've worked in both collections and the debt settlement world. And though I'm not proud of either, i can tell you that these people are trained to do and say anything they can to get your $$$.

Speaking to them will do nothing but cause headaches and stress. Of course, you could always have some fun with them too. If you've got some free time and the nerve, just stay on the phone with them, speak pig latin, use an online translator to bark out some things in a foreign language, ask to put them on hold...for 10 minutes at a time, play loud music in the background. Basically just annoy them. Dont make any promises, dont do or say anything illegal or threatening. but have some fun if you want.

Too funny! This reminds me of an old Seinfeld episode where he got a call from a solicitor and said he was busy and couldn't talk right then, but asked for the solicitor's home phone number so he could call him back later. When the solicitor said that wasn't ok, Seinfeld asked why it was ok for the solicitor to call HIM at home, but he couldn't call the solicitor at home.

Maybe we should ask for the bill collector's home phone number so we can call them back at a time more convenient for us. And then call a lot and leave a lot of messages and then call their relatives . . . .

[diebroccoli]

those are all things that people did to me...and i only worked at the collections office for a few months. Good money, but I couldnt live with myself doing that to people.

and of course, those are the G rated things...people can be very creative when they're desperate

[willbfree]

diebroccoli you need to start a new thread using the topic "creative ways to deal with collection credit card calls". It will help balance the info on Google for the folks researching Disc*ver and the other cards lies. Then we can help provide a little education of our very own. I am sure we have all been exceptionally devious.

I answered all those calls then I found that collectors were lying and putting down that I was "refusing" to pay. Didn't matter what I told them they were going to put down what they wanted so yeah I started having some fun.

[diebroccoli]

just might have to do that after a few beers this Friday