ready filing for chapter 7

[liboton21]

Hi All,

I am ready to file for chapter 7 and just called for bankruptcy counseling appointment for next week. I have a total unsecured debt of 65k for credit card. I did negotiate to the creditors and they did lower my APR but I still cannot afford. I have two questions, one since I have a major car repair of $2100, can I still charge my credit card for the repair to spread the total in different credit card and how much is the maximum? Secondly, can I use chapter 7 to dismissed my 2nd mortgage since I am very upside down in the county of Riverside? Do I still have to pay the 2nd mortgage? I above the median for the 6-person households in California ($7,814), but pass the means test because, its formula says the expenses will leave me with no disposable income over the next five years. Thanks in advanced.

[lrprn]

I am ready to file for chapter 7 ... since I have a major car repair of $2100, can I still charge my credit card for the repair to spread the total in different credit card and how much is the maximum?

If you intend to file in the next 90 days, then this is a bad idea. It opens the door to the creditors filing an objection and getting the court to agree that you knew you wouldn't be able to pay the charges back. Given that you've already been working with them to get your APRs down, that just gives them more ammunition. Doesn't mean this *will* happen, just that it *could* happen.

Secondly, can I use chapter 7 to dismissed my 2nd mortgage...

Sorry but no . Second mortgages can only be stripped if you file a Ch 13 bankruptcy.