Called my first BK lawyer. He won't take on anyone that has used a c.c in the last

[Hollyhomemaker]

6 months!

I thought the law was 90 days?

He is by far the largest BK lawyer in our area. He makes the claim that he is #1 on his website, and when I went to our local BK Court website to the Judge's Schedule I could see he was telling the truth; his name was listed as the attorney of almost all the BK filers on the docket. They had listed all of the BK filer's names on there too. I saw a couple of names I recognized.

Does no c.c usage for 6 months seem awful conservative to you?

[magyar123]

Could be because some previous filers lied about the last usage of their credit cards, and he got burned. Remember under the new laws lawyers also get burned for false reprentation of facts by their clients. While most take your word of facts, this guy obviously wants to play it safe.

[phoenix44212]

If they were used why would it matter if they just won't be discharged. There are times when the only way I could pay for gas was with a charge card and if I can't discharge that so be it. Now that my divorce is final I can finally get back on my feet and I don't mind owing the few hundred I used for essentials back. I can now budget knowing that my divorce won't cost me any more. Is it really that big of a problem??

[SinkingFast]

When we were Consulting around, one attny was adamant. No CC use within 90 days prior to filing.

We Consulted with him about a month after our last CC use. He said we could retain him. Start making payments on our fees. But he absolutely would not file us until we were past the 90 day mark.

Could be because some previous filers lied about the last usage of their credit cards, and he got burned. Remember under the new laws lawyers also get burned for false reprentation of facts by their clients. While most take your word of facts, this guy obviously wants to play it safe.

Could also be a sign of something going on in your area with Creditors. Could be Creditors are getting more aggressive in pressing for Objection to Discharge of Charges made within 6 months prior to filing.

As you Consult around, see what other attnys have to say on the matter.

Give them the old,............ "I heard you have to wait 6 months after last use to file.",................ And see what they have to say.

You can really learn a lot about your Court by asking about comments made by one attny with other attnys. You'll get an idea if it's really true. Or if it's just this particular attny's little quirk.

[needafreshstart]

It could be simply he does so many bks he is wanting simplar cases. Less time he has to spend defending the case means he makes more money.

[BKcrazy]

I knew that my Chase cards together were going to be more than that $500. But a chunk about $400 for car repairs. This was before I even had a consultation. They said don't worry about that. They can't argue that repairs are a luxury per the attorney, they would look ridiculous. And I had still been paying more than the minimum. Each attorney is different. But, I had stopped using the others or were under the $500 for the other creditors. Most of the time except for an add-on for $150 for a plane ticket I had to use, I was stuck and had to pay a darn bill.

So, I can see his point about the six months, but I asked questions before the consultation, and added up everything. Went to the consultation, and asked more questions. But, I had things I had to do before I could file, taxes, etc. So, it actually made some charges drop off anyway.

[allavdj]

It's possible that he may just want to weed out the folks who might be abusing the system. If you can go without the CC's for 6 months then chances are you can live without them and keep your proverbial nose clean after the BK.

[PaKettle]

He's just making things easier on himself and maybe doesn't want to get involved with people who he feels are "abusing" the system.

Get another attorney.

[phoenix44212]

Couldn't you just reaffirm those cc cards?? Especially if they were just small charges??

[SinkingFast]

Couldn't you just reaffirm those cc cards?? Especially if they were just small charges??

Generally, the Creditors won't be Objecting to the whole LOC. Just specific charges made closer to the 70/90 day time frame.

When we first saw our attny, we had one larger charge on one CC. A necessity. $500-$600. Our attny said if they Object to that charge, we'd just arrange to Settle or pay that. The rest of the $$$'s on that acct would be Discharged.

[a.fla]

Our attorney couldn't have cared less which scared me a little but the other attorney that I consulted with didnt' care either as long as the charges were over 70/90 days. Our attorney seems to really know his stuff, but still seems a little carefree sometimes....

[BKcrazy]

Well, most stuff will get scrutinized at 70 days with cash advances and 90 days with purchases, which I was told more or less break down to luxury expenses. Mine wasn't so bothered either. And told me if there is an issue, they will hash it out with us. And sometimes charges over $500 slip right through.