Bill Me Later

[DeadManCrawling]

If longer than 6 months has passed, the creditor is less likely to file an AP. They probably would not anyway, if the ring was not worth a huge amount, say over 10k, but after 6 months, you are usually safer. Not always the case, but often enough that 6 months has become a bit of a standard or benchmark.

The AP can be very expensive for both sides, which is why creditors will not file them unless they are certain of victory or the amount is large and very close to filing date of your bk.

And, feel free to ask anything you need. That is what the forum is for. Other folks here helped me when I was akin to the walking dead, paralyzed by fear and shame, so I pass on what I can, as do others.

Best,

-dmc

[DeadManCrawling]

Also,

You may wish to consider this angle when hiring an attorney: Does their fee include any possible AP filings? If not, and it DOES come up, it could get expensive. I don't think it WILL come up, but best to be prepared.

If the attorney does NOT include AP's in their fee (most do not, because no one knows how much time or money is involved in advance), at least ask them about the likelihood of an AP with this ring. Usually they have a very good idea of what can happen in their district, and the chances of it becoming an issue.

[CCA1984]

Thank you for the help and advice. My plan was to origianlly file next month and just end up paying off the ring. and i know i dont have it, but thought that since i made the mistake of buying the ring, i dont want to try and be scum of commiting fraud. so thats why i thought i would eh make the payments and live and learn. but if i can just wait a couple months and drop everything like a bad habit then better for me ... I am going to talk to my attorney on monday about the AP filing and see what would happen. pretty much before it all fell apart i took it to a pawn shop to see how much i could get ... i bought the dam thing for 5k and the pawn shop offered me 350$... knowing what i know now i wish i wouldve taken the money lol

[DeadManCrawling]

I very much doubt anyone would file an AP over a 5k retail value ring, with a pawn value of 350.

You are probably safe whether you filed Monday or in five years.

Your attorney will have the answers that best suit.

Amazing how we worry about such small things, isn't it? But I guess the things that loom largest in our lives are not necessarily the largest or most important.

[CCA1984]

Thank you for the clarification. i want to file right away and get the dam thing over with lol. I just have that fear of the trustee trying to make me look like im commiting fraud or being in trouble trying to abuse the system. And exactly what you said, I think of everything when this is probably going to hopefully ( knock on wood ) go smooth. I gotta ask him and see what my attorney says. i use bill me later for the ring where i make payments but want to make sure there not picky or try dismissing the total amount making me pay it back . kinda off topic with your 341 that you had what kind of ?'s did the trustee ask, or did they mention anything about recent transactions ? I havent used my CC''s in over 3 months and just wanna make sure everything goes smooth lol

[DeadManCrawling]

My 341 was smooth and easy. I watched a few terrifying cases that showed exactly what NOT to do, but most people wouldn't have done those things in the first place. I wrote a detailed post about it:

http://www.bkforum.com/showthread.php?t=49875

I warn you, it is not pretty, and won't provide much comfort, but these people deserved to be grilled the way they were. Your 341 will not be like this. Also, ours was in a very unique district, where the trustee(s) have become notorious nationwide for some practices.