Need advice

[workingpoor]

I met with an attorney yesturday. I did not pay them a dime. It was a free consultation. To be honest, I'm not sure if we are going to proceed with the bankruptcy.

My husband suffered a substantial illness in the beginning of the month with resulting strokes. I have not been to work since May 4th. Out of the goodness of my employer's heart, they paid me for the first half of the month my regular salary. I feel confident that they will not for the rest of the month.

Therefore, IF I decide that bankruptcy is going to be the final option. I have the lingering question of credit card usage.

If I use the cards for gas or other items, I know it is probably considered fraud. What is truly is considered excess were you are slapped with an AP. I have read it is $500. I have read anything other than $0 is fraud. I am not looking to run up thousands of dollars, but I will make sure my family is taken care of.

In you fine folks opinion, what has been your experience.

Thanks for your help.

I feel bad enough without assaults on my character.

[keepinitreal]

Try to think how you'll survive financially in the coming months. If you intend to live off your cards, you'll eventually reach their credit limit. Will you move in with family, return to work, or do you have no options?

[workingpoor]

I feel like until I can get back to work and can leave my husband at home safely, I have no income. My checking balance will only go so far. Once I'm back at work, making a regular check, we will be able to met essentials.

I will not be able to pay the medical and all of the credit cards. I need to make a choice to file in the upcoming days. I guess the long and the short of it is this, IS the FREE consulation when you need to truly cease ALL activity or the date that you actually file.

Thank you for your help.

[keepmine]

Why the rush to file?
Don't file until you're back at work and able to support yourself. Once you file, all your cards will be canceled and you'll have no access to credit and if you're still not working no income to pay the bills.
It's not fraud if you use the cards for nonluxury purchases. While it's ideal to stop using credit cards if bk is inevitable-sometimes you just can't. This sounds like one of those situations.
Just take your time and let this play out. Of course, see a lawyer anytime you like. Just don't file until it's to your advantage.

[workingpoor]

PART ONE:

11 USC 523, I read this and if someone could interpret this for me please help

"Consumer debts owed to a single creditor and aggregating more than $550 for luxury goods or services incurred by an individual debtor on or within 90 days before the order for relief under this title are presumed to be nondischargeable"

I want to be smart. I don't want to rush into bankruptcy.

My interpretation: Charges up to $550 on or within 90 days of FILING for bankruptcy on a single credit card --- regardless of previous balances --- are NOT considered suspicious.

Is this correct?

PART TWO:

How bad is my credit affected if my husband only files? The joint property we have is that a "negative" on my credit.

Thank you all so much in advance.

[freeatlast98]

I'm scared about recent charges

I met with an attorney yesturday. I did not pay them a dime. It was a free consultation. To be honest, I'm not sure if we are going to proceed with the bankruptcy.

My husband suffered a substantial illness in the beginning of the month with resulting strokes. I have not been to work since May 4th. Out of the goodness of my employer's heart, they paid me for the first half of the month my regular salary. I feel confident that they will not for the rest of the month.

Therefore, IF I decide that bankruptcy is going to be the final option. I have the lingering question of credit card usage.

If I use the cards for gas or other items, I know it is probably considered fraud. What is truly is considered excess were you are slapped with an AP. I have read it is $500. I have read anything other than $0 is fraud. I am not looking to run up thousands of dollars, but I will make sure my family is taken care of.

In you fine folks opinion, what has been your experience.

Thanks for your help.

I feel bad enough without assaults on my character.

I did the same thing, I paid some bills such as utilities with my credit cards and then stopped paying on most of them except one and a gas card.
As soon as the one I kept pulled their usual credit checks, they decreased my limit. At the moment I'm left with just one card with very little room on it. Right now, I charge gas and sometimes food. I'm also afraid they will consider this fraud when I file. If I wasn't doing this right now, I don't know how I'd survive this economy.

[btbeme]

OK, here are my two cents worth...

There is no rush to file a BK. Believe me. No attorney in the world can tell you to use available credit to stock up on food, fuel, and provisions, because they cannot do so under BK law. So, don't ask an attorney for permission.

Credit card companies have a major league weapon in their arsenal - called a telephone. They will use that weapon after you are late on your payment. And, in almost every case, that is the only weapon they can use for about 90-120 days past due. That weapon is easily defeated by placing your phone on Do Not Disturb.

Which means that you need to stop using your cards about 90 days or so before you intend to file. I recommend that you spend that time sorting the food, fuel and provisions you have purchased. I also recommend speaking to about a half-dozen local BK attorneys - or more - in that time period. Ask if their initial consultation is free. And don't take the first one that comes along...educate yourself first.

And don't use your credit cards for 90 days before filing, even on food, fuel and provisions.