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Pre-filing Behavior - Avoiding ANY appearance of impropriety

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    Pre-filing Behavior - Avoiding ANY appearance of impropriety

    Hey, I just logged into my Discover account hoping to find something printable for my consult with the attorney this afternoon.

    Turns out, for the first time in a long time (did I fall asleep at the wheel or what??) I have available credit--just over $200. I was also a little bit off when I claimed that I haven't used any ccs in over a year (told you I was a superstar at denial!!) Looks like, over the past 24 months (using their handy dandy spending analyzer) I mostly laid off of it during the winter months of 07 and 08--I think it was maxed at that time...then after I applied a tax refund to it, used the heck out of it again...anyway, it was all over the place as far as the type of expenditure, too--the month with $2000 had my surgeon's bill and fun stuff--hotel and such--from a weekend trip my son and I took for a concert--several grocery trips...


    Jun-07 0
    Jul-07 0
    Aug-07 260
    Sep-07 250
    Oct-07 500
    Nov-07 20
    Dec-07 0
    Jan-08 0
    Feb-08 0
    Mar-08 20
    Apr-08 100
    May-08 500
    Jun-08 350
    Jul-08 2000
    Aug-08 600
    Sep-08 500
    Oct-08 500
    Nov-08 200
    Dec-08 50
    Jan-09 50
    Feb-09 0
    Mar-09 0
    Apr-09 0
    May-09 0
    Jun-09 0
    Jul-09 ??


    So my usage was all over the map and I haven't even talked to a lawyer yet--could I put, say, $124 in school fees from last year on there and avoid any scrutiny? If I file in the next 90 (oh please, oh please!!) it's nowhere near $500 nor "luxury", but will the 5 months with no purchases preceding make it look like fraud? I don't have the cash for fees...he's going back to school in < 4wks and, if not, I will have to pay it (1/2 of last year's) plus this year's before they'll let him get his schedule --$372!!!

    What about something smaller? School supplies from Staples? Socks and undies from Target? They know I'm broke--Discovercard and I have had a relationship a while--it would come as no surprise to anyone that, having avoided using it for a while (I thought it was still more or less maxed out--I doubt I would have had the restraint until very lately!), I would be totally overcome with the temptation to pick it up again?

    This is so weird, I'm ordinarily a very moral and ethical person --I'm usually 3-5 minutes late to work in the morning, so I always work 5 - 15 minutes extra every, single, day to avoid the feeling that I'm ripping off my employer! If the grocery store undercharges me, by any amount, if I catch it, I will tell them!! But this past week has changed me-- I know too much about the actual cost of using credit, in terms of families and lives, and I am so damned mad about it! I just want to get anything I can get--no matter how large or small or how gray the area, in terms of the law--they've gotten every blessed thing from me, including my health and sanity and the peace and security of my family--Anything that I can do to even the score the tiniest bit, that will not adversely affect ME or MINE, I have no qualms about!!

    Thoughts?

    Just leave it and continue to do the "right" thing and have no worries whatsoever about the appearance of impropriety? Or handle my business in a typical, usual way and let the chips fall as they may?

    #2
    If you haven't decided to file BK I can't see why you wouldn't continue to live your life as normal. If normal includes using your cc for normal living expenses you're fine to do so. Just do whatever you need to do to take care of your son.
    Well, I did. Every one of 'em. Mostly I remember the last one. The wild finish. A guy standing on a station platform in the rain with a comical look in his face because his insides have been kicked out. -Rick

    Comment


      #3
      If you plan on filing why don't you stop paying the bill and use that money for your fees?

      Comment


        #4
        If you plan on filing why don't you stop paying the bill and use that money for your fees?
        I just realized that all roads lead to bk about a week ago--on the day I paid bills, I do believe. As I said, I've got superior self-delusion skills and, until I kept "bouncing checks" in my checking (they were kind enough to put overdrafts on my visa for a long time, but it's maxed out now, too), I was able to keep kidding myself. Basically, the house of cards is falling and falling really fast.

        If you haven't decided to file BK I can't see why you wouldn't continue to live your life as normal. If normal includes using your cc for normal living expenses you're fine to do so. Just do whatever you need to do to take care of your son.
        As I said, I have my free consult today to find out my "options" (HA! when was the last time I had an option?!!)...I'll ask the attorney.

        *gulp* in 35 minutes--I am so nervous, I feel like I'm interviewing for my first job! I really don't mind to try to stick it to the man in this case, but I'm not sure my nerves can take it--maybe I'd best play it as clean as humanly possible!

        Comment


          #5
          We suggest you sto-p using cards for 2 reasons.
          1. You lessen the chance of a creditors objection
          2. If, you can't support yourself without access to credit, you have a problem bk can't fix. You have to be able to support yourself post bk. I f you can pay basic living expenses without credit to fallback on you really need to look at ways to lower your expenses and raise your income before you think about filing.

          Comment


            #6
            Thanks!

            While I do VERY much appreciate the input, with all due respect, aren't these 2 statements contradictory?

            If, you can't support yourself without access to credit, you have a problem bk can't fix.
            If you can pay basic living expenses without credit to fallback on you really need to look at ways to lower your expenses and raise your income before you think about filing
            I may be really stoopie, but I'm really not understanding--maybe it's a typo and, in the 2nd statement, "can" was meant to be "can't"??

            Thanks in advance!

            Comment


              #7
              Yep, it's a typo. I meant can't in the second statement.

              Comment

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