Forum Rules (Everyone Must Read!!!) (updated: 04/28/2015)

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Settle one at a time, or wait til 60 days is done...

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  • Settle one at a time, or wait til 60 days is done...

    I was going to tag this to another active thread, but thought I should seperate it out.

    I MAY get some AP threats, or maybe even AP soon. My 341 is Friday and the charges Im talking about are cash advances at casinos right at, and just past the 70-90 day window. They total a max of 10K, spread out over 8-10 cards and almost all of it is over the 90 day period. (I tried to gamble my way out of problems after 8 years of abstaining....big mistake...should have known better!).

    Anyway, Im just wondering my tactics should any of these letters, or worse, actual AP filings, start showing it best to wait out the entire 60 day period before dealing with these, or try and do them as they arise. I would guess some of this decision is based upon when they actually file etc....later would mean better to wait, but sooner filers may mean they have to be dealt with as court dates could arise etc....


  • #2
    If you have filed already, you cannot even THINK about trying to pay these debts outside of the BK, otherwise you risk having your entire case dismissed.

    I just re-read your post and since you have a 341 coming up, you have filed, and can do nothing else, except just sit it out. Good luck!
    "To go bravely forward is to invite a miracle."

    "Worry is the darkroom where negatives are formed."


    • #3

      Umm....not sure if I understand. There are many posts here about people getting both threats of AP, and actual AP filings that are SETTLED, rather than take the chance of losing in court.

      My only question is whether IF IF IF I get any actual APs filed (I will likely ignore any scare letters), how people deal with multiple instances of this. For example, lets say on day 1 of my 60 day period someone files an AP for 5000.00...if I deal with them right away and agree to a settlement that really is as much as I can afford on a monthly basis, and then the day after I sign that agreement (but still within the 60 day period), ANOTHER creditor files AP, then I really cant settle that as my disposable income will have all been taken up by the FIRST settlement...making sense?

      So, my gut says I really need to wait until AFTER the 60 period to agree to any settlements so that I am making decisions based upon my total exposure, right? So, my question here is....what are my risks in this approach....will I even have a choice in the matter, or if I dont deal with the faster AP filing creditors, will they just have a hearing and win and then Im really stuck?!

      Of course Im hoping this doesnt come up at all.....but just thinking ahead if it does.

      But thanks for the to your thoughts now that Ive clarified it a bit...


      • #4
        Cash advances need to occur 70 days before filing for them to be presumed to be fraudulent. It sounds like you are outside of that period. A creditor is less likely to file an AP if they have to prove fraud.

        I don't think it makes sense to decide on a strategy until an AP is actually filed. It seems like a waste of time and energy to me. Ignore any threats and wait to see if any APs are actually filed. Worry about strategy when you know what amounts and facts you are dealing with and whether there is actually any issue to deal with at all.
        LadyInTheRed is in the black!
        Filed Chap 13 April 2010. Discharged May 2015.
        $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!


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