Ugh...i think i am in trouble :(

[Beeheery]

hi everyone,
i just had a phone consult with an attorney in my area. he was very nice but when i mentioned that i have been unemployed since 2007 (due to multiple surgeries/complications) he asked if i used my credit cards at all AFTER not being employed. I said yes because i used it for food, medical check up appointments, medication (i had no insurance) and just things to get by. he kind of paused and said that would be an issue. is that going to be seen as fraudulent??? he said he would have to make the trustee think it was OK. i am freaking out now and never even thought about that being wrong. i didnt know at the time i was going to file. now i think i should delay it even more. i don't know what to do! most of my accounts have either been charged off or sold to jdb's so i thought i was in the clear. now my stomach hurts.....

[NoMoreRed]

You used them for normal expenses and not luxury items, right? Don't know how much you're talking about, but I would think that the worst case would be that you would not get those particular charges discharged.

[Beeheery]

Oh nothing luxurious at all. I think the only thing that could be seen as luxury was a laptop i bought for school. nothing fancy. just the bottom line macbook. i got it for 700.00 on sale. i needed it for school and was still making my payments then and for months after i bought the computer. do you know if that makes a difference? ugh.....

[PoorGrammyinBK7]

Unless that laptop was bought within 90 days before filing, I don't think its a problem either.

[Beeheery]

Bought 1.5 years ago.

[mgmadara]

I think you will be fine. To ease your mind schedule a few more consults with attorneys in your area and see what they have to say.

[ready2puke]

Absolutely go see some more attorneys. If this attorney thinks there is a problem where there doesn't seem to be....he's is looking for more money from you (because he is making you think its a complicated case)..Sorry I don't trust attorneys period..
Go see at least 4 more.. see what they say..dont trust the first one

[Beeheery]

He quoted me 1K for my case. Is this average? Good? Bad? I am in South FL.

[ready2puke]

I don't know about Fla, but here in Ca. thats a good price...but still please do yourself a favor and check out a more attorneys. Everytime you go see one, you'll learn more and more about this nightmare called BK..

[Beeheery]

Thanks ready. Have you filed yet? Do you mind me asking what chapter you did/are filing for? i myself am "readytopuke." my stomach is always in knots and i cant believe i have to file at age 25. its just horrible.

[banca rotta]

It would look to the creditors and court that you made charges regardless of what the reason is with no possible way of paying it back.

It's hard for anyone to really answer this. You will know only after you file.

Since you have no income to garnish and no assets for them to take (I assume) maybe you can hold off the filing and live with the painfull collection process until you go back to work. This way you can make some good faith payments then file if it's too much to handle.

Good luck

[StartingOver08]

He quoted me 1K for my case. Is this average? Good? Bad? I am in South FL.

That's a very low price for S FL. I paid $2000 + fees etc (ended up at just under $2700). Sounds like this is the type of attorney that gets you in the door with a low fee and then everything else is an add on! Besides that, I don't understand why he is making a big deal of using your cards while you were having surgery etc. Most of us that had large medical issues had to supplement our living expenses by using the credit cards during recovery.

[Beeheery]

Thanks Banca. I think I will hold out a bit longer. I kept making payments for 6 months after purchase so hopefully that, with waiting a few more months will help me!

[trueblues]

Absolutely go see some more attorneys. If this attorney thinks there is a problem where there doesn't seem to be....he's is looking for more money from you (because he is making you think its a complicated case)..Sorry I don't trust attorneys period..
Go see at least 4 more.. see what they say..dont trust the first one

I completely agree. I met with three attorneys this week and the second went on and on about a $10 Blockbuster charge I put on a card last month. We have $70,000 in debt from the past 12 years and she spent five minutes lecturing me about fraud for that $10! Good thing I'd already seen a good attorney or I would've been scared to death.

[banca rotta]

Thanks Banca. I think I will hold out a bit longer. I kept making payments for 6 months after purchase so hopefully that, with waiting a few more months will help me!

That's a different story. If you made payments AFTER you made the charges then it looks like you attempted in good faith.

I would still hold off as long as possible. I hate when I hear of those that are going through creditor objections except for the few that bought the large flat screen 91 days before filing thinking they are safe.