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    ok to file

    hi i have waited 70 days since my last cash advance and balance transfer is it safe to file yet or wait a while longer, scared if i wait to long ill get sued, thanks

    #2
    The longer the wait the better. In another one of your posts, you said your lawyers said within 3 weeks was alright. My best advice there--get a new lawyer.
    *** THIS IS NOT LEGAL ADVICE--ONLY A LAWYER CAN PROVIDE THAT. ***

    My posts represent hours of research on and off the web, these forums, my experience, and my opinions.

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      #3
      The longer you wait the better. 6 months seems to be a magic bullet for time on this. Since your past the 70 days, the burdon of proof that you got the cash without the intent to pay now lies on the creditors. That is hard to prove.
      Chapter 13 Filed 4/03/06 :blink: 341 Meeting Complete 5/11/06 :yes2:
      Plan Confirmation 6/16/06 :yahoo:
      Discharged: 1/5/2010 :yahoo::yahoo::yahoo::yahoo:

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        #4
        I agree with aa. It doesn't look as good when you file on day 71. Good luck.
        *** THIS IS NOT LEGAL ADVICE--ONLY A LAWYER CAN PROVIDE THAT. ***

        My posts represent hours of research on and off the web, these forums, my experience, and my opinions.

        Comment


          #5
          Originally posted by jone
          hi i have waited 70 days since my last cash advance and balance transfer is it safe to file yet or wait a while longer, scared if i wait to long ill get sued, thanks

          Just wondering, why not wait as long as you possibly can? I know bankruptcy is a shitty thing and we all want it overwith, but as I mentioned on another post earlier today it seems there are still those that want to file on day 71 or day 91. It takes a long time to get sued depending upon the amount and the creditor.

          To answer your question I would just wait it out and get caller ID.

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            #6
            Originally posted by FoolAndHisMoney
            Just wondering, why not wait as long as you possibly can? I know bankruptcy is a shitty thing and we all want it overwith, but as I mentioned on another post earlier today it seems there are still those that want to file on day 71 or day 91. It takes a long time to get sued depending upon the amount and the creditor.

            To answer your question I would just wait it out and get caller ID.
            Yes, it can be dangerous to push bk when cash advances are a part of it. It is best to wait as long as possible. If your getting the crap harrassed out of you, once you past the time, is there any reason to take it anymore? I think you have to look at the total situation. Was the cash advances for 10-20K or more...or are we talking 2K.
            Chapter 13 Filed 4/03/06 :blink: 341 Meeting Complete 5/11/06 :yes2:
            Plan Confirmation 6/16/06 :yahoo:
            Discharged: 1/5/2010 :yahoo::yahoo::yahoo::yahoo:

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              #7
              Wait as long as you can before you file.

              If you're not in immediate danger of a law suit, or Foreclosure on a home you want to keep, or repo on a car you wanna keep, then WAIT, WAIT, WAIT.

              If you've only missed a couple of payments as of now, your CC Creditors are only beginning to turn your accts over to INTERNAL collections. You'll be in internal collections for at least 2-3 months before your Creditors will turn you over to external, 3rd party collections companies. That's when the time clock for law suit starts ticking.

              When a law suit will happen is anybody's guess. But you have to be served first, so you'll know when it happens.

              Wait as long as you can before you file.

              "Patience is the key to filing BK." BKFiler, 2006.
              Filed Ch 7 - 09/06
              Discharged - 12/2006
              Officially Declared No Asset - 03/2007
              Closed - 04/2007

              I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

              Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

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                #8
                thanks for the answers ill try to wait a while longer

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