Filed

[LittleB72]

Ch. 7, no asset, filing separately, keeping house and car.

Just waiting for a court date!



Did y'all hear me exhale all the way from Ohio???? Now, I guess I start holding my breath again until after the 341.......

[blessed]

We filed yesterday (in Ohio). So I know how you're feeling.

One step closer...

[dub]

Congrats!

[callies]

Either of you in NE OH?

[LittleB72]

Ashland area.

[sheilaE]

We plan to file within 2 weeks-how long does it normally take before having to go to court? Is it called a 341? We are 3 months delinquent on credit cards. We only have a very small amount of cash to pay the bankruptcy fees. Should we wait longer before filing? I don't want wages garnished.

[LittleB72]

SheilaE: yes, the court meeting is called a 341. I have no idea when mine is yet. Your wages cannot be garnished (in states where garnishments is allowed) without the creditor getting a judgement against you. You would be notified and would submit an answer..all of which takes time. Three months behind is when most delinquent accounts are at the point of being charged off and/or handed over to a collection agency. I would find a lawyer (most give free consultations) if you haven't already. My fees were: $250.00 for lawyer to do Means Test, $600.00 for filing fees and $800.00 to the lawyer. I stopped paying AMEX in August of 09 and the others in January of this year. I have not been sued (30K worth across 5 accounts) but I have already filed.

[RNY09]

We just signed all the papers on Saturday, and our atty said he'd file electronically on Monday (yesterday). Out of curiosity, I signed up for Pacer and checked last night--sure enough, there we were! It already had our 341 set and everything, for exactly one month from our filing date. The atty's office hasn't called yet to confirm the date and time, but I'm assuming if it's on Pacer, it's set in stone.

It's a relief, but yet quite sobering, all at the same time.

[RNY09]

Oh, and by the way, I stopped paying most of my cards almost a year ago, and just finally got served papers from Chase a few weeks ago. So don't feel like you have to rush if you're three months behind. If I were you, I'd set up some free consults, and meanwhile, just try to save a little money each week. I wish we had done that. We had our consult last JUNE....paid $300 towards it in the fall, and then kept putting off paying the rest...it seemed like there was always one expense or another. We even sold a piano to pay the rest....and then used the money for other bills. Once I got served, believe me, I managed to come up with the rest of the money! Mind you, the mortgage and utilies are getting paid late, but I'll get them caught up. April is a three paycheck month, so my plan is to catch up the mortgage this month and then the rest of the bills next month. But anyway, my point is that it wouldn't have been quite so traumatic if I had even saved just a little bit each month.

[maxwellv8670]

Just filed today as well! I go back tomorrow to sign paperwork and she said will hopefully have a docket number or something like that by Friday! I don't have anything but credit card debt, not even a car. I will be so glad when this is over and I will be exhaling with you as well. One thing that kinda surprised me is that she said it takes about 6 months to get discharged. I was under the impression from here that it only takes about 3 months. So I am disappointed about that. Oh well. I have waited this long why not a little longer, eh?

[LittleB72]

I signed up for PACER and checked my case. If I am reading it right, our 341 is set for 4/15/10 at 3:30. They filed my case on 3/6/10.

[sheilaE]

Thanks RNY09 for your reply. I had no idea it was going to cost that much to file. I have another question for you.... We are getting a tax refund of about $6000.00, so we can use some of that to pay the fee's-or will we get in trouble for doing that? I wold like to save the remainder for emergencies because we have NO savings at all. If we file-say in July. Will we get in trouble for having that savings and for not using it to pay our bills? Will the creditors come in and take that money? We have 50,000.00 in cc debt and another 50,000.00 for our 2nd. We are hoping to hold onto our home and not lose it. We are current on the house payment. Thanks

[Coldplay]

Oh, and by the way, I stopped paying most of my cards almost a year ago, and just finally got served papers from Chase a few weeks ago. So don't feel like you have to rush if you're three months behind. If I were you, I'd set up some free consults, and meanwhile, just try to save a little money each week. I wish we had done that. We had our consult last JUNE....paid $300 towards it in the fall, and then kept putting off paying the rest...it seemed like there was always one expense or another. We even sold a piano to pay the rest....and then used the money for other bills. Once I got served, believe me, I managed to come up with the rest of the money! Mind you, the mortgage and utilies are getting paid late, but I'll get them caught up. April is a three paycheck month, so my plan is to catch up the mortgage this month and then the rest of the bills next month. But anyway, my point is that it wouldn't have been quite so traumatic if I had even saved just a little bit each month.

This is good to know. We are 5 months behind and holding off on the Chapter 7. We also have Chase. Thanks.

[tonione03]

Thanks RNY09 for your reply. I had no idea it was going to cost that much to file. I have another question for you.... We are getting a tax refund of about $6000.00, so we can use some of that to pay the fee's-or will we get in trouble for doing that? I wold like to save the remainder for emergencies because we have NO savings at all. If we file-say in July. Will we get in trouble for having that savings and for not using it to pay our bills? Will the creditors come in and take that money? We have 50,000.00 in cc debt and another 50,000.00 for our 2nd. We are hoping to hold onto our home and not lose it. We are current on the house payment. Thanks

I'm pretty sure you can use your refund to pay for your attorney fees. My tax refund was a little over $6k and I had to use $2600 of it to pay for my bankruptcy. The rest I was told to use on essentials like utility bills, food, daycarfe, etc. But I think it all may depend on what state your in so it's always best to ask your lawyer. By the way I am in VA.
HTH

[marie]

me too....filed March 12th..341 on April 23rd.

stopped paying last Sept/ Oct, no lawsuits . Lots of phone calls which seem to have eased off already..feels weird not having all those calls...but in a good way !