Questions that are keeping me up at night

[APL]

APL, how far are you from filing, if I might ask? The reason I ask, is because you will have the great relief once you've filed of not having to deal with the calls.

Well, I am trying to determine when the earliest I can file is. I met with the attorney a little over two weeks ago, and stopped using my cards the day I met with him. I've read seceral posts on this board that suggest waiting 90 days since the last credit card use, otherwise you may be under suscpicion of fraud and I couldn't handle dealing with that. But of course, I would like to file as soon as is safely possible.

[help4mydebts]

I may be wrong on this since the laws have changed...but,,,I thought that once you retain an attorney and give the creditors your atty's name and number, they are supposed to call the atty from that point on and not the consumer. Anyone know for sure? That's how it was back in 2004 anyway.

[keepsmiling]

As to lawsuits, don't worry about them for a while. You have time. I'm not paying for nine months and they are still trying to "work it out" with me. Of course, being self employed with few assets helps.

And I am loving google voice. I forward all my calls to that number and have a record of any violations that may occur- just in case I can ever use them. And it's so quiet.
Perhaps it's not too late to go in to your accounts online and change your phone number to a GV one. Try it and see.

We have ALL been where you are. The first month is the hardest.

[LadyInTheRed]

Well, I am trying to determine when the earliest I can file is. I met with the attorney a little over two weeks ago, and stopped using my cards the day I met with him. I've read seceral posts on this board that suggest waiting 90 days since the last credit card use, otherwise you may be under suscpicion of fraud and I couldn't handle dealing with that. But of course, I would like to file as soon as is safely possible.

The 90 day period is based on the presumption that a debt is incurred under false pretenses or fraude under Bankruptcy Code Section 523(a)(2)(C)

C)
(i) for purposes of subparagraph (A)—
(I) consumer debts owed to a single creditor and aggregating more than $500 for luxury goods or services incurred by an individual debtor on or within 90 days before the order for relief under this title are presumed to be nondischargeable; and
(II) cash advances aggregating more than $750 that are extensions of consumer credit under an open end credit plan obtained by an individual debtor on or within 70 days before the order for relief under this title, are presumed to be nondischargeable; and
(ii) for purposes of this subparagraph—
(I) the terms “consumer”, “credit”, and “open end credit plan” have the same meanings as in section 103 of the Truth in Lending Act; and
(II) the term “luxury goods or services” does not include goods or services reasonably necessary for the support or maintenance of the debtor or a dependent of the debtor.

So, you should not file within 90 days of charging luxury purchases totalling over $500 to a single creditor or within 70 days of making cash advances of $750. Waiting the 90 or 70 days does not guarnatee that a creditor will not object to the discharge of a debt. It just means they have to prove that the debt was incurred fraudulently.

It doesn't sound like any of your creditors will be getting a judgment and garnshing your wages within 90 days. If one of your creditors file a lawsuit more quickly than most do, you will have time to file BK before they can get a judgement. But, if you are anxious to file sooner than 90 days, talk to your attorney.

ETA: Please don't be ashamed of filing BK. In doing so you join the company not only the many good people who are members of this board, but people like Thomas Jefferson, Samuel Clemens, Francis Ford Coppola, Henry Ford and many others. http://www.bakersfieldlaw.org/id25.html

[BigJohn]

As for calls at home or work what I use is "He will not be around till 6 or 7 o'clock."