Question huge cc debt and facing a short prison term

[gsreyrey]

what to do??

30k or so of credit card debt and still growing (most of it fairly recent).

had a good job, got laid off, credit card bills started growing (to around 15k). found a new way to make ends meet, but the law disagrees. for a while, the bills are being paid off, and debt decreased (to around 8k)

however, ran into legal trouble, bail/lawyer/fees/etc are all piling on. a lot of debt are from cash advances from credit cards.

now the debt have tripled, and im basically living on credit cards without any source of income

the legal troubles will likely end with a short prison term (few month). i have no assets remaining (except a cheap car under my name already paid off), and not much else (unless they want furniture, tv, computer, etc not bought with credit cards).

im afraid some of the debt can't be cleared by bankruptcy.

what options do i have??

[newbie2]

what to do??

30k or so of credit card debt and still growing (most of it fairly recent).

had a good job, got laid off, credit card bills started growing (to around 15k). found a new way to make ends meet, but the law disagrees. for a while, the bills are being paid off, and debt decreased (to around 8k)

however, ran into legal trouble, bail/lawyer/fees/etc are all piling on. a lot of debt are from cash advances from credit cards.

now the debt have tripled, and im basically living on credit cards without any source of income

the legal troubles will likely end with a short prison term (few month). i have no assets remaining (except a cheap car under my name already paid off), and not much else (unless they want furniture, tv, computer, etc not bought with credit cards).

im afraid some of the debt can't be cleared by bankruptcy.

what options do i have??

There is no hurry to file. It sounds like your car would probably not be worth much, you have no income, and you are going to be in prison for a bit. Wait until you get out and are back on your feet.

[AngelinaCatHub]

There is no hurry to file. It sounds like your car would probably not be worth much, you have no income, and you are going to be in prison for a bit. Wait until you get out and are back on your feet.

I agree. Stop using the cards now though specially for cash advances. That is a no, no. You will not be able to discharge legal fees or fines. Without more info I'm not sure what other stuff you have not to be discharged. You won't need credit or money where you will be staying.

If you are guilty, it probably would be wise to work out a plea bargain. Perhaps the best bargain would be to admit all with a request for the Judge to withhold adjudication of felony and lower the crime to felony misdemeanor. What is worse than bk on a credit report, is a Felony record. BK goes away. Felony does not. 'Hub

[Bell30656]

What is done is done. Yes, you may be going on a short state-sponsored vacation. Plan a bit. Put away your stuff somewhere safe. You could store all your clothes, furniture, etc. in a friend's basement, extra bedroom, whatever. You could rent a storage area... Pay for a bit longer than you think you will need.

Then use your vacation time to catch up on some reading. Unless you are going to Club Fed I believe that tennis, golf and internet are all out of the question. If you have not filed, I don't believe it is a good idea to let your creditors know that you will be away. Some of them may see this as an opportunity to get a quick Summary Judgement against you. JDB's can be the worst.

Then when you get out, file your petition and get on with your life.

[starr4law]

Most of the credit card would not be dischargable if there is very recent usage, cash advances in the last 6 months, or if the credit was obtained fraudulently. Fines, court fees, and/or restitution are non-dischargable.

If you are serious about filing bankruptcy, you need to cut every last card up now and wait at least 6 months to file. Maybe after you get out of prison would be a good time to get the Ch 7 out of the way. After everything is said and done, you have done your time and the bankruptcy has been discharged, and you are gainfully employed (legally), you could check into a Ch 13 (100% repayment plan in your case), but if all you owe is court related stuff, you might be better off just working out a payment plan directly with the court.

[tacomeat]

out of curiosity, what was your way to make ends meet that the law disagreed? that sort of implies a little bit of a gray area there where you thought it was legal, but the law didnt. maybe i am reading too much into how you phrased it...

and if you'd rather not share in the forum, feel free to private message me.

thanks and good luck with your situation. im new to bankruptcy process myself - still learning the ropes.