Very complex situation but basically I tried to start a new business combined with medical charges. The business is not going well and I am told that with the new bankrupcty law I probably don't qualify to start over. So I have no choice and I have to file now but about $50,000 was charged in the last 60-90 days. If I know I didn't do anything intentionally is there a way to prove it if and when the cc try to dispute the bk? I am against a wall with the new law going into effect and I just don't know what to do.
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Originally posted by startover05
My case is similar. I charged 20k about 4.5 months ago and when I saw my atty to file a ch13 he said that even though creditors can't dispute it the courts and US Trustee can as a "bad faith" filing. Believe me If I was really out to screw anyone I would have done this right after the 2004 Nov election knowing what was about to hit us and ride it out. That wasn't my intention either.
My atty said that if you charge up a storm and had a loss in income in such a short period and had no way of knowing this the courts may understand it.
Did you have a huge loss of income? Can you justify your losses? If yes then see what 1 or 2 lawyers would say. If you have a decent income now you maybe stuck for a while and may have to use the new
law to file which I guess is better then the rest of your life.
Good luck!! -
Minimally you will have to wait 60 days from your last major charge. But if your charges were otherwise in good faith (building a business), you may be ok.
Note good faith is different from good judgment, the courts only care that your actions were in good faith, they generally won't second guess whether you showed good judgment or not.Comment
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