Has anyone filed with very high credit card debt?

[Goteki45]

off topic, unibrow, I love your signature lol

[sunshinepa]

I filed with about 58,000, under median and was never asked one question about the debt. Was less than 1 minute with trustee. I agree with all who have said "get another attorney". You can do as many free interviews as needed until you find one to get you into the CH 7. BK is a fresh start and the amount of debt (unless luxury purchases recently) should have no bearing on wether you get a discharge!

[Flamingo]

We have about $60,000 in credit card and lines of credit debt. Along with about $15,000 in medical bills. We were advised to file chapter 13, even though we would pass the means test because our unsecured debt is very high and might look suspcious (would cause an investigation for fraud). There is no fraud, but we were told everything would be looked through with a fine tooth comb and if 1 simple mistake was made it could cause a lot of trouble.

All of the $60,000 in debt is over 2 years old, we stopped paying on all of our credit cards in August 2009. The medical bills are more recent.

Any advice you have would be great - thank you!

Realize that your income and the amount of your assets has a lot to do with maybe having to file a Chapter 13. A Chapter 13 is based on many factors, not just the amount of debt. Please consult with several attorneys - I suspect from just reading your initial posting that you have a good income. Best of luck to you!

[Pandora]

Question is... exactly who put liens on your house for debts owed and when?

I agree with all the others - find another attorney, interview several, and read up on here so you arent "blindsided" going in.

[sue2]

Did have a problem waiting so long to file ?

[tobee43]

we waited over 2 years without a problem.

[sunshinepa]

we waited over 2 years without a problem.

You were lucky. I think now they are suing faster than ever, especially if you own a home. I got hit at 6 mos. by Citi, the others were no far behind. i still see a few who have not been sued, but I don't think that's the norm these days.

[tobee43]

You were lucky. I think now they are suing faster than ever, especially if you own a home. I got hit at 6 mos. by Citi, the others were no far behind. i still see a few who have not been sued, but I don't think that's the norm these days.

well, we left the state with no forwarding address, no phone number, there was really no way they could reach us...and since the house was in foreclosure, the best anyone of the creditors could have done is put a lien against that property...however, if they attempted to serve us, the house was vacated. so even if they won by default...where and who would that go to. had they put and gotten a judgment against us, and put the lien on the house, we would have just done an order to vacate the judgment after the bk discharge.

also, actually, we paid many of the credit cards up until the 90 day period via the computer to keep them at bay the best we could. although there were a couple of awful ones we just skipped.

wow...6 months, that was quick!

[IamOld]

SOmetimes that's what I think I may have to do...but I really can't afford it :-)

Why would owning a home make them sue faster? So they can a put a lien on the house? Even if it's underwater? So be it...

well, we left the state with no forwarding address, no phone number, there was really no way they could reach us...and since the house was in foreclosure, the best anyone of the creditors could have done is put a lien against that property...however, if they attempted to serve us, the house was vacated. so even if they won by default...where and who would that go to. had they put and gotten a judgment against us, and put the lien on the house, we would have just done an order to vacate the judgment after the bk discharge.

also, actually, we paid many of the credit cards up until the 90 day period via the computer to keep them at bay the best we could. although there were a couple of awful ones we just skipped.

wow...6 months, that was quick!

[tobee43]

SOmetimes that's what I think I may have to do...but I really can't afford it :-)

Why would owning a home make them sue faster? So they can a put a lien on the house? Even if it's underwater? So be it...

well, exactly my point. not only that, but when the bk is discharged and closed one can file a motion to vacate the judgement anyway. so let em at it, for all we cared at the time. frankly, because there was nothing else we could do. at some point, depending on one's situation, it just IS ufortuately, what it is. also, by that time since our income came from exempt income.

[IamOld]

Right - but you know I've got to avoid that... :-)

well, exactly my point. not only that, but when the bk is discharged and closed one can file a motion to vacate the judgement anyway. so let em at it, for all we cared at the time. frankly, because there was nothing else we could do. at some point, depending on one's situation, it just IS ufortuately, what it is. also, by that time since our income came from exempt income.

[tobee43]

Right - but you know I've got to avoid that... :-)

i know you do. for some that's just not an option, i understand.

[sue2]

I am trying to pay my credit cards out of my IRA. Now I find out that same money will be held against me during the six month time. I do own a home and do not want to
let it go.

[IamOld]

I am trying to pay my credit cards out of my IRA. Now I find out that same money will be held against me during the six month time. I do own a home and do not want to
let it go.

I know others will jump in here, but IRA is generally EXEMPT!!!! from BK!!! So PLEASE PLEASE PLEASE try to talk to a bk atty BEFORE!! you do anything else!!!!!!!!!

[sue2]

Iamold: What are you saying ? This extra money is going to put me into chapter 13 right ? Our normal retirement would pass the means test. But this IRA money is going to put me into a 13.