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    Preferential Payments?

    Unfortunately I've relied on a number of those "convenience checks" during the first six months of the year to just survive and to avoid total economic collapse. I always believed things would improve. They haven't. Reality is now here. In some strange way I'm glad. The stress of juggling everything is enormous. Here is the problem. I've taken out several cash advances on several different cards and have made 3-4 payments after the last advance on all of them but one. About a month ago I cashed a "convenience check" for $1500. I know after reading hear that I need to keep paying on this card for as long as I can to avoid a creditor objection. Yesterday, for the first time in 15 years I didn't make a credit card payment. Just didn't have it and don't know when I will frankly. How will this look if I am able to scrape together enough to pay the card with the recent advance for the next 3-4 months and not pay some of the other cards? I plan to pay some of the smaller payment cards to avoid the phone call barrage. Is this a case of preferential payments? Or do I need to somehow find a way to pay them all for awhile? I haven't consulted with an attorney and am still early in the process of coming to grips with the situation.

    #2
    honestly, I bet if you let these accounts go to the delinquent status and let them charge off, you wont ever hear an objection.

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      #3
      How much are you paying on the last cash advance one? If its just a minimum payment and doesn't add up to $600 or more over 3 months, I don't think its preferential.
      Filed Ch 7 -- July 9, 2008
      341 mtg ---- August 14, 2008
      Discharged ---- October 17, 2008
      Closed --------- December 11, 2009!

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        #4
        it's very hard when you finally hit the wall and are forced to come to grips with it.

        I stopped paying credit cards and mtge about a year before I filed chapter 7. the phone calls were a lot at first, but I never answered a single one. after a while, they trailed off considerably.

        my brother and his wife have a collection agency and he said if they are unable to make contact after a while you go to the bottom of the list.

        of course, you you should plan on dealing with them calling some of your relatives to find you. I just told my folks and siblings what was going on, told them to tell the people not to call back (and not answer any of their questions--they can only call friends and neighbors till they contact them once--then no more), and apologized to my folks and siblings for the inconvenience.

        OR, if you'd like, for half the amount you plan to pay on your cards to prevent all those calls, you can pay me and forward your phone number to me. I'll handle them for you.

        Best of luck.

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          #5
          It's not a preference that you borrowed
          Last edited by MSbklawyer; 07-29-2009, 12:31 PM.
          Pay no attention to anything I post. I graduated last in my class from a fly-by-night law school that no longer exists; I never studied or went to class; and I only post on internet forums when I'm too drunk to crawl away from the computer.

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            #6
            The amount of three payments would be close to the $600 threshold but maybe I'll just send 2 payments and leave it be. Something about taking that last cash advance and then not paying anything makes me feel uneasy, even if I wait out the 70 days (which I will). We cut up every card we had about a month ago and it didn't take long to realize we just aren't able to keep playing the game without all of the insane juggling of credit. I suppose we forced ourselves into this now uncomfortable position but at least I feel like we are "getting real" about things. Thanks for making things clear Lawyer, I can see that I was looking at things from the wrong angle. I'll let you know Poor about your offer when the fireworks begin. I may just answer the phone every couple of weeks to let them know I'm here. I really, really don't want the family and neighbors harassed.

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