Questions about missing first CC payments.

[Mrogdog078]

I have finally come to the realization of BK. $40k in CC debt, $82k in student loans and a declining income due to divorce and this crappy economy.
I havent filed yet as I am waiting on an $8k tax refund, but I cannot pay my bills with this student loan debt. I had these in deferrment for 2 yrs, but my lenders will not let me anymore. I have decided to pay the student loans and not the CC since they are with me until I die.

I have really struggled to pay my min monthly payments on SL's and CC's, like eating at friends and family's house 4-5 nights a week, but cannot any longer. My CC lenders have graciously tagged late fees and 30% interest on all my accounts.

My question is:
Should I struggle to pay something to my CC and then file? Is there any advantage to not stopping paying for 3-6 months before filing?
Most of the means test I have done, show me over the median income, but with -$600 after allotments. This doesn't include my SL payments of $1200 per month. I feel I am a slam dunk Chapter 7.

Any advice???

[NoMoreCards]

I suggest talking to a BK attorney in your area, most of which offer free consultations.

After that, if you are still sure this is the path you need to go down, I would stop paying the CC's. and work towards the attorneys fees.

Best of luck to you

[frogger]

82K in student loans. I feel for you..... that's a tough nut to meet each month.

[Mrogdog078]

That didnt include my ex's 22k. We basically had about 100k in SL debt.

[Meatstick]

You will feel so much better after you consult an attorney.


Meatstick