Dischargeable debt

[BOA]

I have historically run a high CC balance and even paid it off a couple times in my life. Recently I was running about 45K in debt then I expanded it in June to over 100K including a loan for 18K more from Citibank in late June. This was for consolidation but a wreck by my wife (not registered in the US) with a motorbike wiped that out. I am a US citizen but in this country you have to pay off the victim and the police on the spot or my wife would have gone to jail. I have a year old baby and my ability to remain here and continue to provide support is quite tenuous. I have a biological child with another lady as well (who I pay monthly on). I stopped charging made my payments for month and have been paying token amounts for two months since. Can I go BK before the deadline without getting dismissed or slapped with fraud? I still have alot of the 18 k in the bank (my US acct) and I want to start withdrawing it to accrue it as cash to pay for impending living expenses assuming I go ahead and try to file before the deadline. I am concerned it be subject to garnishemnt as well an I need it. Will I have to go back to my old state for 180 days to re-establish domicile or is a constant mailing address good enough. Lots of questions any answers appreciated. My other option is to wait it out and go for Bk under the new law. I am concerned about the shift in burden of proof though.

[hhou812hh]

I have historically run a high CC balance and even paid it off a couple times in my life. Recently I was running about 45K in debt then I expanded it in June to over 100K including a loan for 18K more from Citibank in late June. This was for consolidation but a wreck by my wife (not registered in the US) with a motorbike wiped that out. I am a US citizen but in this country you have to pay off the victim and the police on the spot or my wife would have gone to jail. I have a year old baby and my ability to remain here and continue to provide support is quite tenuous. I have a biological child with another lady as well (who I pay monthly on). I stopped charging made my payments for month and have been paying token amounts for two months since. Can I go BK before the deadline without getting dismissed or slapped with fraud? I still have alot of the 18 k in the bank (my US acct) and I want to start withdrawing it to accrue it as cash to pay for impending living expenses assuming I go ahead and try to file before the deadline. I am concerned it be subject to garnishemnt as well an I need it. Will I have to go back to my old state for 180 days to re-establish domicile or is a constant mailing address good enough. Lots of questions any answers appreciated. My other option is to wait it out and go for Bk under the new law. I am concerned about the shift in burden of proof though.

It sounds like you would need legal advice since this is a lot of money so close to filing. My opinion would be to wait it out as long as possible even with the new law. A lawyer would best answer you on most of this.