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CA ch7 as well as some general questions

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    CA ch7 as well as some general questions

    My husband and I have decided that I need to file for bankruptcy. We have been living off of credit cards for a while now due to continuing income decreases. Most of the debt is in my name and our house is in his name. We live in CA which is a community state, but he purchased the house before we were married. The mortgage is upside down, so I am not worried about them going after it. I just want to do the paperwork right. From all of my research, I have no interest in the house. Should I list it in sched A anyway in an effort to be transparent? I also have the same dilemma with his bank acct. It was opened before our marriage and has his name only. Again, nothing to take that I couldn't exempt, but I just want to get the paperwork right.
    My last question is in regard of when to file. We have just come to this decision and I want to do it ASAP. I am very pregnant and would like to get the 341 meeting done before my due date (9 weeks away). My concern arose from reading some threads here that said you should wait a few months after last cc charge. My last cc charge was about a week ago, but I was not considering bk at the time. All charges on my ccs are food, gas and living expense related. Do I really need to wait 90+ days to file? Thanks for any help you can give me!

    #2
    Essential living expenses are not usually scrutinized much, but your attorney will advise you for your district with better advice than any of us can give.

    I am actually not sure I would file before you give birth. If there are unforeseen medical expenses that are not covered by insurance, waiting to file would allow you to include them.

    Good luck in all this
    11-20-09-- Filed Chapter 7
    12-23-09-- 341 Meeting-Early Christmas Gift?
    3-9-10--Discharged

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      #3
      I did not have to wait 90 days for charges to my credit cards. While it is risky if you do it, its not undoable. The only risk you run is that the creditor will challenge some/all of the transactions and not allow you to discharge those certain charges. And even if they do challenge, in most cases you can either ignore them or negotiate. As long as its not like a yacht or a 10,000 dollar fur coat I think you'd be fine. We were still using a couple of my cards close to deciding to file. The only one that has challenged me was my jewelry store card, which I kind of expected because my husband and I got engaged about a month before we decided to file. They sent us a reaffirmation agreement for the rings, however my lawyer has advised me to ignore it. He said the odds of them hiring a lawyer for a 2,700 debt on some rings is unlikely. But if they do, I will try to negotiate.

      Hope that helps.
      BK Ch 7 Discharged 09/2009 | Anything I say can and should be used as friendly advice and sharing of experiences with an unbiased viewpoint.
      Scores: EQ 745 EX 704 TU 710 as of 08/15/2012

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        #4
        Thanks for the replies.
        I mostly want to get this done before I have the baby so that my medical bills are not dragged into this. I want to be able pay my doc without it looking preferential. And I know it will take a good 4-6 months to pay the dr bill, so I don't want to wait until I am done with that to file.

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          #5
          Amy26, how long did you wait before filing? Did you have any disputes arise from the CC companies?
          I am going to try to get a free consult with a lawyer. I definitely don't have the money to retain one. So I don't have the luxury of relying on the advice of an atty. It is a fairly straight forward ch7 with no non-exempt assets and no judgements, liens, etc...

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