When should I file?

[freshstart2008]

I just came across BKforum and I think it's absolutely great!!! I was hoping I could get some thoughts from some of you about my situation...

I am about 90% sure Chapter 7 is right for me. Here's my situation:

I'm self employed and I receive a 1099 each year. Income was good in 2005, worse in 2006, and horrible in 2007. I believe I fall under the median income requirement and I should be eligible for Chap. 7. I have $63k in credit card debt along with a car loan and student loans. I would only try and discharge the $63k that I have between 24 credit cards. I still can't believe I have that many cards. Also, I don't own a house.

Now I'm out of cash and can't afford any of the payments on the cards without taking out more cash advances to cover the payments and I don't want to do that.

I am getting married next July and would like to get all this behind me prior to that, thus the freshstart2008 for my screen name

I only started thinking about filing for BK about a week ago to be honest. I have since done a ton of research and I just got the Nolo Book, "How to file for Chap 7 BK", which is awesome by the way.

Here are the issues as I see them:

1 - I didn't have any income in October and I had two cash advances this month, one for $500 with citi and one for $900 with US Bank. The only previous cash advances were one for $1100 in June and then another in February for $1000.

2 - I have been spending regularly on my cards the past few months. I haven't bought anything over $500 with my cards, but I have been buying gas, groceries, dinner, etc. with my cards all the way up until today.

-Any thoughts on how long I should wait to file for BK?
-Should I still use my cards up until the date of filing or stop now?
-Is my future wife's income or assets at risk after we get married if the BK hasn't been discharged yet? And will this affect the date I should file?
-Is my case too complicated to handle on my own?

I have another 100 questions, but I'll save them for another time. I did speak with one attorney on the phone and got some advice, he wants to charge me $2000!

Thanks so much for your help!

[keepmine]

I believe the day you decide filing bk is a realistic option, is the day you stop using your cards. Makes for a cleaner bk. Cash advances of over $750 within 70 days of filing and cc charges of over $500 to any one creditor {for luxury goods} within 90 days of filing may be challenged by the creditor, Unlikely but, why take a chance?

i) for purposes of subparagraph (A)--

(I) consumer debts owed to a single creditor and aggregating more than $500 [$500 (added by BAPCPA 10-17-05)] 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 [$750 (added by BAPCPA 10-17-05)] 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


My personal opinion is, get a lawyer. Most give free initial consultations. Talk with 2 or 3 and get your options explained.
Unless your bride to be is somhow tied to you financially at the time you file she will have no liabilty.