My lawyer seems to think this is fine. I'm one of those cases that will just breeze through. Though I have some concerns, which he doesn't seem to think will matter with my case. Anyway, a quick run through and if ya'll could let me know what you think, I would greatly appreciate it.
1. Surrendering the house - owe 285,000, only 5,000 underwater (last payment was Aug) so, Sept 1st was the first missed payment.
2. Heloc - 25,000 - Sept was 1st missed payment.
3. Car - owe 14,000...worth 11-12000. Might try to keep it during the BK phase, then give it up after.
4. 3 CC's totalling approx 27,000.
1. CC1 - 6200...No charges on this card besides paying it for over a year WITH the exception of a autmated home warranty debit of 42 monthly which I totally forgot about. Was charged last month, but has since been cancelled.
2. CC2 - 10,100...no charges since Aug 20th, but from Jul-Aug 20th, I charged approx 900.00 in misc stuff...nothing over 135, but multiple charges. The month before nothing, the month before that, some charges but nothing out of the ordinary.
3. CC3 - 10,200...no charges since Sep 1st (just one charge), and some use on this card, but misc stuff....nothing large or totalling anything out of the ordinary.
(Side note - I paid 2 of these credit cards "min payments" Sep 7th....I started to feel guilty and like a criminal even after seeing the lawyer on Sep 2nd. I was not trying to show a preference. I did go to pay the third one, but since all were already late, the third one already dinged me with a late fee and DOUBLE payment, so I couldn't afford to pay that one).
I pass the means test. Also, my schedule J and I look good for chapter 7.
Ok, so here comes the concerns.
My lawyer does not seem to be concerned about these charges on my cards AT ALL. I hear constantly give them 3 months with no charges, then file, but he insists its nothing to worry about. I tend to believe him. I don't see this as a huge red flag. Nothing intentional, nothing out of the ordinary of my cc spending habits. The 900 or so on the one CC was done for some bills I owed, and some school shopping for my daughter.
The preferential treatment was not intentional. I wanted to pay them all, but couldn't afford the last ones minimum payment.
Will the dismiss the whole thing because of the above, or maybe just not discharge the money from the last few months? Or will it just fly by with no notice, since in the big picture of my accumlated debt over the years, i
The car - I'm in Maryland. They don't do ride throughs, or pay as you go w/out reaffirming. Though, I am current on these payments, I would like to remain so, keep it up until after the 341, or discharge....I do not want to reaffirm, and want to surrender the car after so the difference would be covered in the BK. Will they have reaffirm papers right there at the 341?
I don't want to wait to file BK either. I'm sick about it, want to start the beginning to the end of my mess.
My lawyers is competent, and he's been doing BK's since 1993 in MD, knows the trustees well. I do trust him, but am just scared to death. He knows this, since I have mentioned it to him several times, but he continues to not even be concerned about it, and tells me not to worry, it's going to be just fine.
Thanks for listening, and sorry for rambling!
1. Surrendering the house - owe 285,000, only 5,000 underwater (last payment was Aug) so, Sept 1st was the first missed payment.
2. Heloc - 25,000 - Sept was 1st missed payment.
3. Car - owe 14,000...worth 11-12000. Might try to keep it during the BK phase, then give it up after.
4. 3 CC's totalling approx 27,000.
1. CC1 - 6200...No charges on this card besides paying it for over a year WITH the exception of a autmated home warranty debit of 42 monthly which I totally forgot about. Was charged last month, but has since been cancelled.
2. CC2 - 10,100...no charges since Aug 20th, but from Jul-Aug 20th, I charged approx 900.00 in misc stuff...nothing over 135, but multiple charges. The month before nothing, the month before that, some charges but nothing out of the ordinary.
3. CC3 - 10,200...no charges since Sep 1st (just one charge), and some use on this card, but misc stuff....nothing large or totalling anything out of the ordinary.
(Side note - I paid 2 of these credit cards "min payments" Sep 7th....I started to feel guilty and like a criminal even after seeing the lawyer on Sep 2nd. I was not trying to show a preference. I did go to pay the third one, but since all were already late, the third one already dinged me with a late fee and DOUBLE payment, so I couldn't afford to pay that one).
I pass the means test. Also, my schedule J and I look good for chapter 7.
Ok, so here comes the concerns.
My lawyer does not seem to be concerned about these charges on my cards AT ALL. I hear constantly give them 3 months with no charges, then file, but he insists its nothing to worry about. I tend to believe him. I don't see this as a huge red flag. Nothing intentional, nothing out of the ordinary of my cc spending habits. The 900 or so on the one CC was done for some bills I owed, and some school shopping for my daughter.
The preferential treatment was not intentional. I wanted to pay them all, but couldn't afford the last ones minimum payment.
Will the dismiss the whole thing because of the above, or maybe just not discharge the money from the last few months? Or will it just fly by with no notice, since in the big picture of my accumlated debt over the years, i
The car - I'm in Maryland. They don't do ride throughs, or pay as you go w/out reaffirming. Though, I am current on these payments, I would like to remain so, keep it up until after the 341, or discharge....I do not want to reaffirm, and want to surrender the car after so the difference would be covered in the BK. Will they have reaffirm papers right there at the 341?
I don't want to wait to file BK either. I'm sick about it, want to start the beginning to the end of my mess.
My lawyers is competent, and he's been doing BK's since 1993 in MD, knows the trustees well. I do trust him, but am just scared to death. He knows this, since I have mentioned it to him several times, but he continues to not even be concerned about it, and tells me not to worry, it's going to be just fine.
Thanks for listening, and sorry for rambling!
Closed November 2010
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