Just got back from Att. Office... Now I am depressed!!!

[Minnymouth]

The main reason the attorneys are telling you to "wait 6 months or longer" is the cash advances you took out too gamble. This is considered "abuse" and you case would be dismissed for this alone.

Since your case would be a high profile case for the Trustee, and creditors will want to sue you over the cash advances, most attorneys will not take your case unless you do exactly as they say......

Listen to what the attorneys tell you, attend your GA classes and be able to prove to the Court that you have gotten help with your addiction. Keep your household bills, home/auto bills current if you plan on keeping them as they HAVE TO BE CURRENT when you file....

Cut up your credit cards and only pay the minimum if you can to keep them off your back until you file if you want too. Most people just quit paying them altogether, but it would look better if your making an attemp to pay them when you file......especially since yours are gambling debts using cash advances.

Keep us posted.....

[mesa777]

Thanks for all the information here.. It is needed... YES I am currently current on ALL my bills, at this point... A question I have is if I do file for BK and a creditor does try to get their credit card thrown out of BK court dont they have to prove intent of fraud on my part? I understand that I did do these cash advances however have a serious gambling problem, have papertrail as almost every dollar spent was via a internet gambling site, the US BANKS should disallow these transactions, thats another topic for another day however.

I am at this point 50/50 on if I will try to keep my home, the home prices in my area are HORRIBLE and seem to only get worse day by day, I am already in a depression, for get the recession talk...

[mesa777]

Also I have a question on my car again... If I owe $5k on my car, lets say its worth $20k am I able to file for CH 7 and still keep the car? Or would I have to file for CH 13??? I am just so screwed every way I look at here.... I want to sell the car and finance a new vehicle however dont want to go to jail for spending the extra money from the sale... I NEED ADVICE!!!

[Flamingo]

Thank you.. I am currently attending GA meetings and going to a physcologist for my gambling problem... I sure the credit card companines could care less.... I went to another attn yesterday, was in the office for 1 hr with a paralegal, he took notes and such to then refer over to the actual attorney... He left the office for 20 minutes and then the attorney came in.. he told me that his office would not be able to help me now however for me to come back in about 4 months.. due to the recent cash advances... My question is this... Even if the credit card companies try to fight this I could then use my gambling problem for the reason for the cash advances... its not like I took the cash and went on a cruise... ect... I am going try to make the min payments until around June and then speak to another attorney... Another situation is on the means test why cant I use the house for the calculation of the test? I may change my mind after filing and stay in the house.. or leave.. why should this matter to the attorney????? ): ahh....................................

Unfortunately when we investigate filing bankruptcy for any reason, it is an extremely emotional time and when things are explained to us as to what can or cannot be done legally, we may or may not believe them. The majority of attorneys are good, honest hard working people who's job is to represent you (if they accept your case). They do not have to accept your case as you have found out. As you also have found out, there is a reason for that so it is not because the attorney is bad. You will get through this but you need to first stop using gambling as an excuse as you do above and use it as a reason for the cash advances. Unless you get a handle on this now in your life, it will be a a continual problem in future years as I am sure you well know. I have a friend who's mother is in her 80s and who has gambled away her savings and now has sold her home and is gambling those funds away. They cannot stop her and she will have nothing and they will have to take her in eventually when all the money is gone. It's a really sad situation.

Sit down and get your ducks in order as to what you have been told and go from there and don't look back. Strive to change your life for the better and do everything possible to avoid gambling because you see how destructive it can be. Best of luck to you.