Okay, the worry wart is back

[sofarindebt]

What constitutes a credit card bustout?

I met with a lawyer for bkcy first in October 06. Since then, because of our gambling habit, I took out about $7000K in cash advances and a couple payday loans in january to be able to pay our bills. The atty we are filing with next month (who we met back in feb) said to just let 90 days pass since then. I told him I want to reaffirm the debt because I knew I was filing and didn't want to have our case dismissed. he said the worst that could happen is that they would object, blah blah.

But now I am worried that our case will be dismissed if they asked when we first met with an attorney. would that be considered a bustout since I knew I was going to file? I have no problem reaffirming the debt. we have about $128K in unsecured debt so our case is already going to be a red flag.

[HHM]

Your case won't get dismissed, your attorney is right, worst case scenario (for the most part) is that the creditor objects and you have to pay the debt back.

HOWEVER, YOU NEED TO STOP SHOOTING YOUR BK IN THE FOOT.

[sofarindebt]

Thanks for the response.

We have not gambled for almost 2 mos now (longest EVER) and we are very proud. We are getting help through our church and focusing on our lovely children. If we feel like gambling we go to the gym instead. Getting in shape makes you feel good and forget about our ugly addiction. I am definitely ready for our fresh start in life.

Would it "help" us if I reaffirmed that debt? part of me feels like I should anyway - - my conscience.

[keepmine]

A bustout is when you jam your cards to the limit in a very short period of time and then walk away without making any {or just 1 or 2 payments}.
Were I you, I'd leave everything alone and let your lawyer do his job. It's up to the creditor to object. Do nothing unless they do object.

[SamanthaJones]

The petition asks if you've PAID a bankruptcy lawyer

or other debt agency in the past year. It doesn't ask if you've SEEN one. have you paid one prior to the cash advance?

[sofarindebt]

yes i paid our first one $500

back in november and december.

[SinkingFast]

If they did anything at all,............... Ran a Means Test. Spoke to Creditors on your behalf,............ Anything,.............. That could constitute earning their fee. Most BK attnys here charge between $225 and $300/hr for their services. Wouldn't take much to eat up $500.

Your attny your filing with should, however, list the amount you paid the other BK attny on your petition. We "retained" a lazy butt to handle a DIL on our house. He did nothing more than call our Realtor and ask for a bunch of paperwork. That's it.

Our attny still listed that payment to the other attny. I commented to our attny that the other attny could say he spent an hour making the phone call and looking thru our papers. Our attny agreed. There really wasn't much we could go back on him for.

You could probably say the same about the first attny you paid. If you referred Creditors to contact him/her, that attny probably "earned" what you paid them.