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    need help

    I need to file chapter 7, problem is I charged $690 on my sears master card in april, ran out of money needed license plates on both cars (225), testing strips INR 90, perscrptions 40, doctor app 30, food, etc. Lawyer told me to stop paying my bills except for house and car. How long should i wait before filing. I also had a new heater installed for my home in 9-2009, don't know if i should stop paying or just keep paying it (citi financial).
    thanks for the help.

    #2
    Did you tell your attorney about the charges? If so and he said to stop paying, take his advice. If you didn't tell him about the charges, call him with the additional info and ask if that changes his advice. The charges may not be a problem, especially since it sounds like they were for necessary living expenses.
    LadyInTheRed is in the black!
    Filed Chap 13 April 2010. Discharged May 2015.
    $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

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      #3
      If you are going to file soon, stop using your cards or at least try to. Sometimes it just can't be helped as you try to survive. Last time I've used my cards was February of this year. I just submitted my docs to my attorney this past Wednesday. Maybe before the end of the month my attorney should be ready to file. I then would be past 90 days since I've used my last CC which does look more favorable.

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        #4
        Originally posted by bkinparadise View Post
        If you are going to file soon, stop using your cards or at least try to. Sometimes it just can't be helped as you try to survive. Last time I've used my cards was February of this year. I just submitted my docs to my attorney this past Wednesday. Maybe before the end of the month my attorney should be ready to file. I then would be past 90 days since I've used my last CC which does look more favorable.
        Stop using the CC's in any case. Start your "new start" now, as you won't have cards once you file. You need to adjust to your new environment now for if you cannot live frugally now, you will waste your bk and be worse off. Give it about 90 days and, in the event you are accused of fraud, the look back can be two or more years.

        Did you take a cash advance and then buy this stuff, or just pay with the card? That makes a big difference. Anything above $600 is looked at with scrutiny. If you took a cash advance, I would continue to pay on that card a bit, but don't favor it too much over any others. That could be looked at as preferential. You are represented. Your lawyers advice is foremost as you are paying for it. Do exactly what he advises. He is paid to do your worrying. 'Hub
        If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

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          #5
          If you retained your attorney and he/she told you to stop using the cards, stop using the cards. If you are in the process of filing, advise your attorney of these charges, go get those credit cards and cut them up. As 'Hub stated above, you have to get used to being without them and you do not want to jeopardize your BK. But do remember filing BK does not resolve any unemployment, income or cash flow problems you may have - it just eliminates the debt. You still have to deal with how to obtain or utilize money after filing/discharge...making lifestyle changes is difficult...best of luck to you!
          _________________________________________
          Filed 5 Year Chapter 13: April 2002
          Early Buy-Out: April 2006
          Discharge: August 2006

          "A credit card is a snake in your pocket"

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            #6
            thanks

            thanks everybody, I have stoped charging on the all cc's, i am just really worried that filing in august will not be long enough of a wait and someone coming and taking my furnace out of my house while i am waiting or putting a lien on my house for it. I am also in mortgage modification with BOA, just paid my last adjusted payment, now waiting for a decision.

            thanks again

            Comment


              #7
              Originally posted by regalar View Post
              thanks everybody, I have stoped charging on the all cc's, i am just really worried that filing in august will not be long enough of a wait and someone coming and taking my furnace out of my house while i am waiting or putting a lien on my house for it. I am also in mortgage modification with BOA, just paid my last adjusted payment, now waiting for a decision.

              thanks again
              The CC co can't put a Mechanics lien on the house, assuming the heating co was paid. It would be months after you stopped paying them before they'd even consider legal action. They'd rather harrass you first.

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