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My Life in Hell. Need advice

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    My Life in Hell. Need advice

    I seen a bankrupt attorney yesterday. She said that I pass the means test. This is my first time doing this so I am terrified and concerned and just want to talk. Nearly three years ago, I moved from my home in Arizona to Texas for job. I had 75,000 in my checking account and zero credit card debt. Unfortunately life has a way of putting a twist to everything. For instance, my daughter stayed in Arizona to finish her college when her mom and I relocated. I was giving her 2300 a month for rent, food, cloths, gas etc. since she didn’t worked while in college. The rent I collected was short $250 a month to cover the mortgage. Since my money in my account was going lower, I opened 4 additional credit cards. Over that time of 2 years my credit card bills got max out. Min payments are too much. Present time my daughter is out of school. Thank GOD!!! But I don’t have any money left and I’m in debt 65,000 in credit card bills. I also just completed a short sale on my home in Arizona. I am freaking out!! If you guys were handling my bk, do you see any problems I might have??

    #2
    Not enough info here to tell.

    Passing the Means Test is a good start, but the vast majority of Ch 7 cases that get tripped up are due to certain types of financial transactions in the last 3, 6, and 12 months. For instance, if large amounts of money have gone to your daughter in the last 12 months; or what you have done with credit cards in the last few months, or...too many things to list. I am certain that the attorney asked a bunch of questions. Do you recall what they were?

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      #3
      Originally posted by btbeme View Post
      Not enough info here to tell.

      Passing the Means Test is a good start, but the vast majority of Ch 7 cases that get tripped up are due to certain types of financial transactions in the last 3, 6, and 12 months. For instance, if large amounts of money have gone to your daughter in the last 12 months; or what you have done with credit cards in the last few months, or...too many things to list. I am certain that the attorney asked a bunch of questions. Do you recall what they were?
      A couple of cash advances. One was for, or 7,000 and 5,000 well over a year. Most of it went to bills. For example, food, cell phones, storage fee, gas fees and so on. A lot of drama has happened in my life since 2008. With that said, I'm not a saint. As a matter of fact, I'm probably boarder line depressesed with everything I went through. I played a lot on the Lottery here in Texas. I was hoping that I could make enough to pay off the house. Well that didnt work out. I also went to the bars a lot. With that said, present time, I'm lost my house, daughter still thinks I ruin her life ever though I gave her everything and I'm in the poor house.

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        #4
        As a rule of thumb, cash advances over a year old are generally OK - the creditor would need a good reason to challenge them. Reasonable credit purchases older than 3 months are generally OK, as long as the creditor doesn't challenge something that would be considered a fraudulent or "luxury" purchase.

        Other issues that might apply to your case - have you paid any one creditor, or person, more than a few hundred dollars in the last few months? How about the value of any assets that you have - vehicles, guns, household items, etc.?

        What plans do you have for after bankruptcy?

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          #5
          Originally posted by blackface916 View Post
          If you guys were handling my bk, do you see any problems I might have??
          Welcome to BKforum. You've come to a great place to get help and support. But, I want to make sure you understand that while there are some regular posters who are BK attorneys, most of us are people who have gone through or are going through BK and stick around to share the benefit of our experiences. Be sure to tell your attorney your full story so that she can ask the right questions. It's also a good idea to consult with another attorney or two before choosing one.

          I'm sorry your daughter doesn't appreciate the sacrifices you have made for her. Perhaps she doesn't understand the full extent of your problems. I'm guessing she thinks you've ruined her life because you are no longer sending her money. Don't let her make you feel guilty. You've done more than a lot of parents can or or willing to do for their children. She has an education, now it's up to her to support herself. I bet she'll become more appreciative as she matures.

          Read all you can on this board. There is a lot of information. And keep asking questions. The more specific, the better.
          LadyInTheRed is in the black!
          Filed Chap 13 April 2010. Discharged May 2015.
          $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

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            #6
            +1

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