Please.. I need help

[mbutterfly]

I need advise.... please.. I will be filing bk in Feb 2009, I paid all of my cc in sept not sure if i should pay for oct.. I am upside down with my house inwhich we are current on mort $2300,. i know is HIGH but dh does not want to give up house. Houses around my area are in foreclose/shortsale we owe 270k appraise $210k We owe 2 cars we are current and we want to stay with our cars... total cc owe $125k

I will be filing bk inv, dh does not want to file due to current job status. I lost my job in March but found another that is paying 5K less and cannot keep up with cc debts. I also have a land paid 162k and appr
45k just under my name that i will surrendor paid 162.

Here's my questions..

1. My last bt was in June in which cc mail me some checks and i deposited in my checking account and paid down some of our cc. Is this considered cash advance? Also since i will be filing inv DH and i have seperate inv cc card and i also paid down dh cc.

2. Not knowing that i will be filing bk my sister was going through financial crisis not having food to eat. light etc. I lend her 2500 back in Aug and she just paid me last week. Would the trustee go after my sister since she already paid me. Should I pay my CC for October since i have the funds and than stop in Nov? I'm so confused.

Thank you all for your input

[keepmine]

Your post is very confusing. What are you saying about paid land of $162K?

[mbutterfly]

Sorry for the confusion

I'm not concerned about my invested lot which I will surrender (will stop paying this month). what I am concern is about the balance transfer back in June 2008 ..CC mail you check (BT) and made it to my name deposited in my checking account and paid off some of my cc and DH.....and also that I loan my sister money in Aug and she paid back just this month. Do I make any sense?

[AngelinaCatHub]

[AngelinaCat]

I1. My last bt was in June in which cc mail me some checks and i deposited in my checking account and paid down some of our cc. Is this considered cash advance? Also since i will be filing inv DH and i have seperate inv cc card and i also paid down dh cc.

Hi mbutterfly: I am very confused. I am going to try to answer at least some of your questions, but I need to ask a question:

What is the 'bt' you are referring to?

If your sister has repaid the money you lent, and she owed you, then you should be okay if you are planning to file in Feb. 2009. That will be long enough for that repayment to drop out of the picture.

At this point, I would not pay anything to any CC. Save that money up for your attorney.

That is enough for you to think about right now. I will be back tomorrow.

Calm down a little. It really is not as bad as it seems.

Good wishes~~~

[JRScott]

I need advise.... please.. I will be filing bk in Feb 2009, I paid all of my cc in sept not sure if i should pay for oct.. I am upside down with my house inwhich we are current on mort $2300,. i know is HIGH but dh does not want to give up house. Houses around my area are in foreclose/shortsale we owe 270k appraise $210k We owe 2 cars we are current and we want to stay with our cars... total cc owe $125k

I will be filing bk inv, dh does not want to file due to current job status. I lost my job in March but found another that is paying 5K less and cannot keep up with cc debts. I also have a land paid 162k and appr
45k just under my name that i will surrendor paid 162.

Here's my questions..

1. My last bt was in June in which cc mail me some checks and i deposited in my checking account and paid down some of our cc. Is this considered cash advance? Also since i will be filing inv DH and i have seperate inv cc card and i also paid down dh cc.

2. Not knowing that i will be filing bk my sister was going through financial crisis not having food to eat. light etc. I lend her 2500 back in Aug and she just paid me last week. Would the trustee go after my sister since she already paid me. Should I pay my CC for October since i have the funds and than stop in Nov? I'm so confused.

Thank you all for your input

1. If you are filing in Feb 2009 this should not be an issue as more than 6 months would have passed and you have made payments for 3 months after the bt. Just don't use the cards anymore.

2. Assuming this was the total amount she owed you it would be a non issue as she would no longer owe you any money .

[mbutterfly]

Thank you all for you response.

Sorry my fingers are typing faster than my brain

I am so gratefull that I found this board: Thank you!

I was just concerned about the money that I lend my sister back in Aug. I consulted w/attorney and he said they can come after her for a jundgement. However, since she paid me back in Oct she should be ok. Can the trustee state why did 'nt i made payment on cc for oct since i had the funds?

I am trying to delay my BK filing so I can file my federal taxes 2009 in Feb.

[JRScott]

No he won't ask why you didn't pay in October. Many people go several months without paying cc as they seek to try to get home and vehicles caught up and to pay lawyer fees.

[mbutterfly]

Thank you JRScott!

I have one more question... I last paid my cc in Sept when would it be the timeline for cc to start judgement/garnishment? after 6 months after you last paid on cc?


AExp 8900.00
Chase 9200.00
BOA $53,000
Citi 52,000
Mort on a vacant land 162K (I am going to surrender).

Thanks

[mbutterfly]

[QUOTE=JRScott;203796]1. If you are filing in Feb 2009 this should not be an issue as more than 6 months would have passed and you have made payments for 3 months after the bt. Just don't use the cards anymore.

JRScott, I just review my check statments on this BT and I paid only 2 payments Aug & Sept.... I am really screw now I still have time to sent payment for Oct for all my cc.... at least and than stop maiking in Nov..

What's you suggestion??? I really do not want BOA to bite me! the bt was for 50k

[JRScott]

Hey don't get scared

2 months is fine . 3 months is better but if you can't scrape it together 2 should do.

As for when they might sue you I can't really say. I doubt they'd sue sooner than 6 months. It took Aspire I think it was almost 2 years to sue me. So calm down you got time.

AMEX and CITI will be very agressive on calling you. You might get an answering machine that clearly identifies you and let it pick up all calls.

[mbutterfly]

Thanks again!

I went ahead and paid all my cc except my investment prop mort.. I will surrender anyway.

You have been so hepful... Now I feel much better!