If the debt has not been sold from the credit card company then there could be no legal fees acrued as an attourney has not had opportunity to look at the case and bill you. Are you stuck on the 60 months for 25% portion of the means test? If so I think you should be able to add on interest that they will surely charge you according to your credit card agreement. This would be a great question to bring to a free consultation with an attorney. The best advice I have gotten from someone listed as a wizard on this website was to take a difficult question to five free consultations with bankruptcy attorneys in my district. Also, some districts will put on free clinics for pro se filers. I definately think you should take advantage of these resources. In my case I would have passes the means test even with the principle amounts with no interest or attorney fees added. My point was to make sure that the total amount was discharged. If you are right at the dividing line of 7 or thirteen you should find out exactly what you can put on schedule F as you do not want to be accused of inflating your debt to pass the means test. The worst thing you can do is be accused of fudging in your favor. Don't feel guilty on taking the free consultation. Find out from someone who is an authority.
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thanks!!!!
THANKS!!! ACtually I'm with a lawyer already - I just want to be ahead of the curve so to speak!!!! No there has been no lawyer fees awarded and if 13 is filed before this thing goes to court there won't be!!!
But as I understand, only student loans and secureds that you pay outside of 13 plan accrue interest during the loan.
Believe me...NO problem :-) with 25% test! But alas I make "too much" for 7...
Originally posted by pippen2012 View PostIf the debt has not been sold from the credit card company then there could be no legal fees acrued as an attourney has not had opportunity to look at the case and bill you. Are you stuck on the 60 months for 25% portion of the means test? If so I think you should be able to add on interest that they will surely charge you according to your credit card agreement. This would be a great question to bring to a free consultation with an attorney. The best advice I have gotten from someone listed as a wizard on this website was to take a difficult question to five free consultations with bankruptcy attorneys in my district. Also, some districts will put on free clinics for pro se filers. I definately think you should take advantage of these resources. In my case I would have passes the means test even with the principle amounts with no interest or attorney fees added. My point was to make sure that the total amount was discharged. If you are right at the dividing line of 7 or thirteen you should find out exactly what you can put on schedule F as you do not want to be accused of inflating your debt to pass the means test. The worst thing you can do is be accused of fudging in your favor. Don't feel guilty on taking the free consultation. Find out from someone who is an authority.
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Originally posted by pippen2012 View PostThank all of you for all of the great advice. I listed each debt to about 150% of what had been posted on my credit report when the cc accounts were sold. There is no way that anyone can say that I did not make a good faith effort ecspecially when the pending legal fees were in no way available to me.
Filed it Yesterday
Thank you all again,
Pippen8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9
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Iamold,
My understanding is that if you are above the median income for your state then you move on to the 60x a month of disposable income. You should take a very hard look at the means test yourself. If you think that you are borderline then you should get a second opinion from another attorney who has a reputation for fighting for a 7. An attorney will make more on a 13 than a 7 so you want to be vigilant about doing the right thing. Be your own advocate about shopping an attorney as the difference between a 7 and 13 is extensive. In my divorce there was an attorney who wanted to "fight" for more. You should be wary.
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I am filing in about 2 weeks and have a question about creditor addresses. I have 2 Amex cards (personal accounts), 1 Chase (visa) and 2 Citibank (MC and visa). I have received written correspondence from Amex, Chase and one of the Citibank accounts. (Standard, please call us to arrange payment or we will be reporting you to the credit bureaus letters). Am I correct to assume that listing the company addresses on these letters is sufficient for Schedule F, and that any other addresses I have can go on the mailing matrix?
In reality, the only address I'm confused about is the Citibank Visa, as the addresses for the others are consistent on statements and credit reports. But the Citi Visa has a zillion variations, although the last statement lists Citibank N.A. in South Dakota as the current address for all Citi card products. I am so confused.
Does anyone have the correct bankruptcy notification addresses for these companies? I assume most filers are bankrupting against one, if not all of these companies. I am in California, Central District. Can anyone post the addresses used on Schedule F, or tell me the best way to find out what the correct address is?
Thanks so much for any assistance.
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