I have just lost my job. I was there for 10 years. I have lots of purchases on my credit card from August-December. I have never missed payments on any credit cards. I cannot afford the minimums much longer. They are over 1000 per month. Do you think that my creditors will dispute the charges? Is there anything I can do to minimize the risk at this point? I cannot file til September cause I am well over the median income at this point.
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What did you buy? If it's the usual stuff -- food , gas, clothing -- I wouldn't worry about, and your creditors probably won't either. But if you put a 10K Caribbean vacation on one of your cards, or took out a great big cash advance, then you will want to put some distance (time) between that purchase or cash advance and your filing date.
Do a search in the forum, and you should find plenty of info on this topic.
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Just to let you, if you stopped paying your credit cards now, it usually takes about a year for them to bring a lawsuit against you so don't freak out... you have plenty of time. This is how long it took for me: lost my job in Jan. 2010 and stopped paying credit cards, for 3 months they gave me late bill notices, month 4 it finally went to collections and that began the annoying creditor phone calls, month 5 through month 9 sent me several settlement notices, month 10 finally served with lawsuit papers and I "answered" the lawsuit, month 13 finally received more paperwork from creditor attorney wanting more info regarding the lawsuit.. still no trial date. Im just trying to delay my bankruptcy for 6 more months for certain reasons. If the trial date comes before the 6 months, i'll just settle with them and make a couple monthly payments and then file ch.7.
So my point is, CALM DOWN, TAKE A BREATH, YOU HAVE PLENTY OF TIME. I believe trustee's are more concerned about payments made within 3-6 months before your FILE DATE. If your filing in Sept, thats plenty of time. Just dont use your CC anymore obviously.
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Originally posted by Michellemg View PostI have just lost my job. I was there for 10 years. I have lots of purchases on my credit card from August-December. I have never missed payments on any credit cards. I cannot afford the minimums much longer. They are over 1000 per month. Do you think that my creditors will dispute the charges? Is there anything I can do to minimize the risk at this point? I cannot file til September cause I am well over the median income at this point.
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We were in your shoes. Hubby lost his job 11 months ago and this was after 5 consecutive years of both of us taking heavy pay cuts from our employers. We stopped paying and filed BK in Nov of 2010 and just got discharged this year.
The best thing you can do is search these forums and learn as much as you can and prepare yourself to your best ability. It will be ok
Originally posted by Michellemg View PostI have just lost my job. I was there for 10 years. I have lots of purchases on my credit card from August-December. I have never missed payments on any credit cards. I cannot afford the minimums much longer. They are over 1000 per month. Do you think that my creditors will dispute the charges? Is there anything I can do to minimize the risk at this point? I cannot file til September cause I am well over the median income at this point.Chapter 7 filed 11/4/10 ---- 341 Meeting 12/1/10 ---- Discharge 1/31/2011.
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Originally posted by Michellemg View PostI have just lost my job. I was there for 10 years. I have lots of purchases on my credit card from August-December. I have never missed payments on any credit cards. I cannot afford the minimums much longer. They are over 1000 per month. Do you think that my creditors will dispute the charges? Is there anything I can do to minimize the risk at this point? I cannot file til September cause I am well over the median income at this point.
It should not take til September, unless you are making well over 100k/year.
The CC companies will not get a penny. I went over a year before I filed, and they didn't get a dime.
Good luck.
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You should be able to go at least 6-7 months before you'll get a summons. I quit paying in June 2010. I received my one and only summons about Jan 20 2011. What were your big charges?Stopped charging 6-1-10 - Filed 1-25-11 - 341 2-24-11 - Discharged 4-26-11 - Closed 4-29-11
Any opinion I give is strictly that! I am not a lawyer.
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Originally posted by Michellemg View PostMy big charges were for clothing, a balance transfer and a handbag. If only I had known. I've never taken a cash advance. I just liked shopping a lot so there's a lot of clothing store charges.
i just want you to know....we wanted and it was HARD...2 years before we filed...we needed TIME......
i would take the advise and WAIT as long as you can. i do know...or should say i have HEARD a few stories here and there about the 90 rule...but fraud is difficult to prove in a court of law....and i would just cover yourselve and wait it out......block the collection calls...etc.
and by the way.....we had a few judgments ........but not a ONE from any of the credit card companies...and again it was 2 years....wait as long as you possibly can to put some TIME between YOU and the charges...
best of luck...it will be ok..promise!8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9
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Originally posted by rogue22 View PostJust to let you, if you stopped paying your credit cards now, it usually takes about a year for them to bring a lawsuit against you so don't freak out... you have plenty of time. This is how long it took for me: lost my job in Jan. 2010 and stopped paying credit cards, for 3 months they gave me late bill notices, month 4 it finally went to collections and that began the annoying creditor phone calls, month 5 through month 9 sent me several settlement notices, month 10 finally served with lawsuit papers and I "answered" the lawsuit, month 13 finally received more paperwork from creditor attorney wanting more info regarding the lawsuit.. still no trial date. Im just trying to delay my bankruptcy for 6 more months for certain reasons. If the trial date comes before the 6 months, i'll just settle with them and make a couple monthly payments and then file ch.7.
So my point is, CALM DOWN, TAKE A BREATH, YOU HAVE PLENTY OF TIME. I believe trustee's are more concerned about payments made within 3-6 months before your FILE DATE. If your filing in Sept, thats plenty of time. Just dont use your CC anymore obviously.
chase sued me 5 months after i stoped paying my credit cardsFiled chapter 7 on 9/17 341 on 10/20
Chapter 7 Trustee's Report of No Distribution on 10/21
Discharged and Case Closed on 12/21/2010
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Originally posted by scorpion35 View Post1 year? good luck
chase sued me 5 months after i stoped paying my credit cardsStopped charging 6-1-10 - Filed 1-25-11 - 341 2-24-11 - Discharged 4-26-11 - Closed 4-29-11
Any opinion I give is strictly that! I am not a lawyer.
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Originally posted by Michellemg View PostUh oh. Two of my cards are with Chase. I owe 11000 one one and 18000 on the other.
Do you have any income now? Unemployment, etc.Stopped charging 6-1-10 - Filed 1-25-11 - 341 2-24-11 - Discharged 4-26-11 - Closed 4-29-11
Any opinion I give is strictly that! I am not a lawyer.
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