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A few people here, have commented in the past, that they stayed current on payments up until filing. Having few or no Lates will help with Credit Rebuilding later.
BUT, it's money down the toilet, so to speak.
If you're paying minimums, you're most likely paying pretty much interest only.
Plus, any Creditors you pay $600 or more total within 90 days prior to filing,........... The Trustee can go back to those Creditors and get that money back to be disbursed amongst all your Creditors. It won't affect your Discharge but it probably will delay Closing of your BK.
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...
Did anyone pay their bills untill they filed? Just curious.........I have been-the minimum BARELY.
THANKS
Yes, we were up to date until the day we went to see the attorney, once we decided to actually file and retained him, that's when we stopped paying. It ended up being 4 months before we actually filed though, our Attorney is slower than molasses growing up hill in the dead of winter!
Petition Filed 6/4/07 :clapping:
341 meeting 7/31/07 :clapping: :unsure:
First Meeting Held and Trustee's Report of No Distribution 8/2 :yahoo::yahoo:
10/15/2007 - DISCHARGED!:yahoo::yahoo::yahoo:
We didn't pay any creditors the month we filed, but up until then we were current. We had our heads deeply burried in the sand and once we realized we needed to file we just got it done as soon as possible. We hadn't really been using our credit cards much up until then and the usage we did have our lawyer thought was too small an amount (though over $600) for our creditors to bother with.
While waiting would have simplified our case with those two creditors we had charged on in the previous few months, I dont' regret not waiting the 70/90 days because I would have driven myself insane. Plus the charges to those two creditors were small enough that we could have worked something out if they had objected.
However, by doing so I did complicate my case, paid more in legal fees and am having to wait longer for my closing.
On the plus side I got a WAMU credit card and checked my credit score last night. Experian was 636. Not bad for just a few months out of bankruptcy.
Filed: 10/26/2006
Discharged: 03/05/2007
Closed: 5/19/2008 - Asset case due to balance transfer and income tax refund
Whether or not you've retained an attorney if you have made the decision to file bankruptcy in the next 6 months your just wasting your money paying non secured creditors, you should of course continue to pay your secured creditors as well as living expenses like utilities.
May 31st, 2007: Petition Filed by my lawyer
July 2nd, 2007: 341 Meeting Held
September 4th, 2007: Discharged and Closed.
Plus, any Creditors you pay $600 or more total within 90 days prior to filing,........... The Trustee can go back to those Creditors and get that money back to be disbursed amongst all your Creditors. It won't affect your Discharge but it probably will delay Closing of your BK.
I didn't pay for a couple of years before I filed. Long story. But its been a pretty quick recovery. Hard work, but I think the credit takes a hard hit either way. I stand firm that once you make that decision that paying your unsecured creditors is certainly money down the drain.
I'm certainly no expert, but my uninformed theory is
That we'll keep paying minimums on our unsecured debt until we file in December. It is throwing money away, but my thinking is it's worth it to just not have to deal w/ 15 different credit card companies calling for payment, and it'll be less to clean up after the BK as there won't be late payments/charge offs on my credit report that I have to chase down w/ the credit reporting folks. We will stop paying our mortgage as of this month though.
Hi Veloguy,
Welcome to the forum. About every month or so us oldies have to come together to try and convince a newbie about why its better to just turn off the phone and ignore the creditors and put your money to better use. There are soooo many things you can put that money toward right now. There will nothing less to clean up after your BK. Whether it is late or on time it will still be changed to included in bankruptcy once you file. 99% of the time the creditor will automatically update it to that status once you file whether even if you in a postive status. So the account will end up in the same exact status anyway. There are different schools of thought. BUT if you have retained an attorney, you can give your attorney's phone number once you get a call and they will have to call your attorney after that time. Again, welcome and we are here for you.
Yes. A preferential payment is defined as any payment by the debtor totaling more than $600 to any non-secured creditor in the 90 days prior to filing bankruptcy. It's a part of the current bankruptcy law.
I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.
06/01/06 - Filed Ch 13
06/28/06 - 341 Meeting
07/18/06 - Confirmation Hearing - not confirmed, 3 objections
10/05/06 - Hearing to resolve 2 trustee objections
01/24/07 - Judge dismisses mortgage company objection
09/27/07 - Confirmed at last!
06/10/11 - Trustee confirms all payments made
08/10/11 - DISCHARGED ! 10/02/11 - CASE CLOSED Countdown: 60 months paid, 0 months to go
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