Not trying to be dishonest but I need to.......

[deadbrokeinnc]

Hello All,

First, I want to say that this forum has been a wealth of information. I am SO glad that I came across it. I look forward to giving feedback on m experience once I go get through the process.

Here is my situation, I met with an attorney today. I had planned on meeting we a couple but I feel really comfortable with this attorney. It was only the free consult but he feels that although we are past the median there is a good chance we can still go chapter 7.
He gave me some homework ( a bunch of forms to complete) and told me to call back if we decide to use his services. I am thinking we will not file until mid-late May.

This is my question... I have a newborn 6 weeks old and will need a lot diapers and formula over the next months. Money will be VERY tight. I was thinking of using my COSTCO card to purchase wipes and diapers and then going to the supermarket or Babies R us with our VISA or DISCOVER to get baby formula. I would limit it to about $200 for each place. This would REALLY help get us through the first few months. Do you think that it will cause the creditor to fight the chapter 7 if we file a month later?

Thanks for responding in advance.

[lrprn]

A question first...have you stopped paying all your non-secured creditors yet?

[JRScott]

I'm with lrprn can you afford these without paying your non secured creditors?

[2confused]

My attorney new what was acceptable and what was not. Even if we spent more than what was considered okay, he would not allow it. My point, find an attorney who will work with you. i think for a family of 4, one can spend around 1100 on groceries (don't quote me one this) but you get the idea. but this is even beyond groceries, these are necesseties inside a drug store, i'm sur there is some type of allowance for this as well.

[butterflywings]

You could land in hot water if you now run up more charges after having a BK consult. My lawyer had a client who recently did the same thing, and the debt she ran up after their consult, and had even waited 90 days to file, was not discharged. Why? Because it was BK fraud.

[One Half Full]

Once you stop paying the items you need to discharge, like the credit cards, you might have enough for the baby supplies-- I don't know your situation. I know that once I stopped paying the cards, I had the money I needed to pay for other things (lawyer for example), and do some necessary repairs and things. I know you are only allowed a limited amount of savings in your account, so you need to spend the money. Many people here have stocked up on food and needed items. Doing it the way you describe is almost asking for problems.

I'm not a lawyer... nope, not me.

[Flamingo]

While I understand your plight, if you are planning on filing BK in the next few weeks just stop paying your credit cards. I am assuming you are at the robbing Peter to pay Paul point and therefore not much money is coming out of your own pocket to pay for the cards and you are short on actual cash. When we retained our attorney and stopped paying on our cards and also our car payments, the car payments themselves for two months freed up almost $800 in extra cash we did not have. Our cars were crammed into our Chapter 13 plan. I know it is hard for you but no one on here will tell you what you want to do is OK cause it is fraud and if you plan on filing in several weeks, you should have retained that attorney immediately instead of just guessing on when you are going to file and what Chapter you can file. Charging anything within several months before filing will be questioned and looked at. Some more critically than others so if you are told to go ahead and charge items, it could cause you problems and then it could not. But it is a big risk.

[chloe0724]

I'm filing a chapter 13, and my attorney actualy told me to do a cash advance for 2k to pay him so I could file. I was shocked!! I said no. He could wait a few months for me to save. I am paying 500 a month for now.

[deadbrokeinnc]

Thanks guys.. I did not consider that once I stop paying all my minimum payments totaling about $500 a month it would free up cash to purchase these items. I wont do anything to risk my BK status. I just mailed out a pymt yesterday so as of right now I have not stpped paying my unsecured debt. It feels kind of strange not paying, but since I know what is to come in the next few weeks it does not make sense to pay them.

Thanks again.

[imbroke2]

What about a program like WIC (Women, infants, children)? You get discounts on necessities-formula, bread, milk, some cereals, etc. Not sure about diapers. I know there's an income bracket but it doesn't hurt to try. This way you wouldn't have to charge things.