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New law filer :(

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    New law filer :(

    Looks like I will be filing under the new law . Met my atty today and he said pretty much what I figured that even though in a ch13 (which I planned on filing) creditors usually don't dispute debt incurred through fraud the US Trustee and/or Judge will see that I am doing a "bad faith" filing. I mentioned on other posts that I took "large" cash advances 2 1/2 months ago to pay off an old car loan, do a balance transfer, take care of a legal issue and he said that they will see this as a bad faith filing even with a ch13. No surprise here. I actually figured as much. Luckily I am very busy at work and have enough OT for a while to make my high monthly payments. As soon as the OT runs out I will file under the new law. The atty said to wait almost a year before filing. He said if I file now they will dismiss and I would have to wait six months. The only difference is I wanted to do a ch13 for 3 years, now it will have to be for 5. I won't bother with a 2nd opinion. I would rather be safe then sorry. 5 years is still better then 25 years.



    This will give me enough time to save up for the higher legal fees. He doesn't know how much he is raising his fees, yet, but he said it is going up since he has to calculate the means test and certify me and all that stuff. The good news is my monthly expenses/disposable income is in line with the IRS standards, so the only drawback is 2 extra years. Still better then the rest of my life. Just don't want to risk any possible fraud problems.
    Last edited by hhou812hh; 09-07-2005, 07:10 PM.

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