Chapter 13 & Cash Advances

[aa06a47]

I just had a free consult with a bk attorney. I asked her specifically about cash advances, she told me as long as they were over 70 days old, they told them to stand in line with the rest of the creditors. She said she had never had one win when fighting it in court. I didn't ask her, but do you think this is unique in chapter 13 where they will end up getting something?

[SinkingFast]

That's the same kind of things we're hearing for Ch 7. If it's beyond the dates, either 70 or 90 days, the Creditors have to prove intent. Which they can't. Nobody can. The attnys asked us in their offices right then and there if we were gonna file and we said we didn't know. We were researching our options. All the attnys said, "See! There's no way to prove intent."

And all the attnys say the Creditors are SOL about going after anything from us. All our charges are smaller so there's clearly no "luxury" goods being purchased. They'll all just have to stand in line.

[aa06a47]

What was even better, my attorney figured by payment at around $180/month for 60 months......right now, I was use to trying to pay 30x that in interest (of course, I'm not able to pay that anymore with the increase in minimums).

My lawer was curious as to why this made me happy....hell, I'm so use to being broke, I feel that once I get in the payment plan I'll be rich.