Originally posted by queerguy
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I spent my income tax refund of $422 on a combined candle party/cocktail party
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Chapter 13 Filed 4/03/06 :blink: 341 Meeting Complete 5/11/06 :yes2:
Plan Confirmation 6/16/06 :yahoo:
Discharged: 1/5/2010 :yahoo::yahoo::yahoo::yahoo:
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Not to mention that the worst that happens if the CC company wins, is you have to pay the $3600... not the entire balance of the cards and not the entire debt you owe.
If the rest of it gets wiped... still a good deal eh?Filed Ch. 7 Pro-Se: 10/12/06
341: 11/6/06 (went AMAZINGLY well!)
Discharge: 1/12/07
Closed:1/19/07
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Originally posted by djkthis is to all the sick ones who get a thrill from ripping off creditors by taking cash advances in advance of a knowing filing for bankruptcy, or for that matter luxury charges. you suck. and you are the reason that more reforms need to and will happen in the future.
To the other posts, thanks, I will keep reading and learning.
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djk,
Most of the members of this forum HAVE NOT intentionally took cash advances with the intent of commiting fraud in the bankruptcy court.
Many took cash advances as a way to try to solve the problem and still found out they couldn't. Then when they did file bankruptcy, they discover that any cash advances 6 months to a year before filing could be considered fraudulent.... in the eyes of the Trustee. The trustee and creditor has to prove intent though.
Then they try to figure out HOW to get around the cash advances and file bankruptcy anyways.....
How many people KNOW they are going to file bankruptcy a year before they do?? not many......
Yes I firmly believe that anyone that INTENTIONALLY gets cash advances - hides it back or buys luxury items or trips- then files for bankruptcy should be dealt with harshly.... that is intentionally commiting fraud. (they want to eliminate the debts thru BK and have a nest egg from the cash advances stashed away too).....
On this forum we explain the problems and results of have cash advances when you enter into bankruptcy. We suggest what you can do or how long you must wait before they will not be a issue with the Trustee.... Some cannot wait because of possible judgements thus they end up paying all of the cash advancement back if the creditor objects (and some do).....
We are not here to throw stones at anyone for the reason they are filing bankruptcy.... we are here for support thru the process.....
Cash advances usually cost the person in the long run, they end up paying it all back, etc. Depends on the creditor and Trustee. And they are very good at deciding if a filer has commited fraud...... An if a person deliberately commits fraud - his case is dismissed, he still owes all the debts, and the Trustee can take him to Court over it (jail time).......... So not a good thing!!
The new laws are in effect to protect the filers "rights", the creditors "rights" and to stop the "fraudulant filers" that try to feed on the bankruptcy system...
Yes, it "sucks" when someone is trying to "beat the system", none of us like that at all - but most people here are trying to solve the problem of having cash advances too close to the filing date. It changes their case in many ways.... that they were unaware that it would.
My thoughts,Last edited by Minnymouth; 04-06-2006, 08:37 AM.Minny
"It's amazing the paths that our feet sometimes follow in life".
My suggestions are from "personal experience" and research only. Do not consider this as legal advice. Each bankruptcy case is different.
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Originally posted by djkthis is to all the sick ones who get a thrill from ripping off creditors by taking cash advances in advance of a knowing filing for bankruptcy, or for that matter luxury charges. you suck. and you are the reason that more reforms need to and will happen in the future.
If they gave realistic credit limits to consumers, like limit it to 25% of a person's income, the bk court would be empty right now. While I cannot blame anybody for charging my cards up, I can say that if the credit limit was 25K instead of 200K, I wouldn't be here right now.
Think about it, how can someone who makes 50K a year be 75K in cc debt? Whoever set them limits should be shot.
I know when your sweating and need things, that plastic never seemed to run out, it was great. Now the greatness is gone.Chapter 13 Filed 4/03/06 :blink: 341 Meeting Complete 5/11/06 :yes2:
Plan Confirmation 6/16/06 :yahoo:
Discharged: 1/5/2010 :yahoo::yahoo::yahoo::yahoo:
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Originally posted by MinnymouthThe greatness is gone and it's time to PAY THE PIPER............Chapter 13 Filed 4/03/06 :blink: 341 Meeting Complete 5/11/06 :yes2:
Plan Confirmation 6/16/06 :yahoo:
Discharged: 1/5/2010 :yahoo::yahoo::yahoo::yahoo:
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Originally posted by aa06a47The system will require further reform because the drug pusher (credit card companies) do not think they are a part of the problem. THey have convinced congress it's Joe BlowMoney, who charged too much crap and doesn't want to pay now.
If they gave realistic credit limits to consumers, like limit it to 25% of a person's income, the bk court would be empty right now. While I cannot blame anybody for charging my cards up, I can say that if the credit limit was 25K instead of 200K, I wouldn't be here right now.
Think about it, how can someone who makes 50K a year be 75K in cc debt? Whoever set them limits should be shot.
I know when your sweating and need things, that plastic never seemed to run out, it was great. Now the greatness is gone.
That's us!! Our credit limits totalled together are double what we make in a year.
I was tossing all the credit offers we got in the trash. But now I'm saving them as evidence to take to Court.
The other day, I got a new card in the mail. It's one of the CC's I owe to and haven't paid a payment to in 4 months. But, yet, they sent me a new card??!!
Another one of CC companies, that we haven't paid in 4 months, just sent us a pre approved Home Equity loan letter.
I have several things like that. All dated since we hired our attny to file BK for us a week ago. I'm gonna take it all to the 341 with me and if I get any guff at all from the Trustee or the Judge, I'm gonna dump it all on the floor in the Court room. CC's are just like drug pushers!!
If I'm not posting for a while, you'll know I'm in the clink for Contempt of Court.Filed Ch 7 - 09/06
Discharged - 12/2006
Officially Declared No Asset - 03/2007
Closed - 04/2007
I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.
Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...
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Yes, cash is the drug of choice by most on this forum. Some used it to get high on the gambling boats, some used it to get high with the smell of new carpet or a new car, some used it to buy drugs to make them better, some used it to feed there family's... face it, we were all drug addicts with the drug being the money. The CC company gives the drug away at first (0% interest rate), then once they get you hooked, they own you....kinda sound like a drug dealer story doesn't it.Chapter 13 Filed 4/03/06 :blink: 341 Meeting Complete 5/11/06 :yes2:
Plan Confirmation 6/16/06 :yahoo:
Discharged: 1/5/2010 :yahoo::yahoo::yahoo::yahoo:
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VERY WELL SPOKEN..............THAT REALLY DOES DESCRIBE THE CC SITUATION...............
Like I've mentioned before BEWARE of cc companies that you discharged in BK....
They will offer you another card, little higher interest rate, then in the small print , if you sign and accept the new card, you are giving them permission to tack on your old balance that was discharged..... CAREFULL FOLKS.......
Remember they are not asking you to pay it...... you are saying and agreeing that you will.... and that's not against the law for them to do....
MinnyMinny
"It's amazing the paths that our feet sometimes follow in life".
My suggestions are from "personal experience" and research only. Do not consider this as legal advice. Each bankruptcy case is different.
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Originally posted by Minnymouthdjk,
..Yes, it "sucks" when someone is trying to "beat the system", none of us like that at all - but most people here are trying to solve the problem of having cash advances too close to the filing date. It changes their case in many ways.... that they were unaware that it would.
My thoughts,
appears you agree with me. right?
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