We met with the attorney yesterday evening to file for bankruptcy. My concern is that we have used our credit cards recently. We thought at first we'd try to sell everything, so we charged and put new shingles on our house (which it desperately needed). But after getting into the roof we realized what bad shape it is in. And also with gas prices getting so high, we bought a little car last week. It was only $500 but we got two cash advances, $300 off one card and $200 off another. Figured that would be better than spending $600 a month in gas (husband commutes 3 hours day). We dont want to stay in this house when husbands work is 1 1/2 hours away, but we are upside down on it and our vehicles. Lawyer just seemed concerned about those recent charges on the credit cards and said worst scenario is that they wouldn't discharge them and the bankruptcy would be thrown out, but she assured us it should be fine. BUT, that little doubt in her voice scares me!!! I just hate to get behind on bills and then the bankruptcy be thrown out!! I know I'm probably overreacting but I'm just worried! All the what if's! Anyone have any advice??
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I know that it should be at least 60 days from the last time you used your card to be inthe clear. And I hadn't heard of bankruptcy be thrown out because they won't discharge them. I've heard that they can make you pay those particular ones and discharge the rest. But it also has to be under a certian limit. I think the limit is 1100 or something of that nature. But if you used them sometime at the beginning of this month, and then filed RIGHT before the Oct 16, thenyou would still fall under the old rules.
Anyone?? Bump!My BK Status:
9/19 Chapter 7 petition on file w/ BK court
10/19 341 Hearing (OVER WITH!!! WHOO HOOO)
12/19 Deadline for Objections (Scheduled)
12/26 ORDERED DISHCHARGED!!!!! 
12/27 Bankruptcy Case Closed (Admin.):clapping: :yahoo: -
Below is pretty much what they look for in a ch7 bk that would cause some or all of the debts discharge to be denied. Gasoline expenses, home repairs I imagine doesn't fall into this catagory. Large cash advances, vacations, etc. they would have a field day with you, but from what you mentioned you should be fine.
Good luck!!
"Debts you incurred on the basis of fraud, such as lying on a credit application; Credit purchases of $1,225 or more for luxury goods or services made within 60 days of filing; Loans or cash advances of $1,225 or more taken within 60 days of filing;"
source-> http://www.bankruptcyaction.com/questions.htm#aComment
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Another thing that has me worried is the questionaire. They said they wouldn't take our tax refund since we are filing this time of year. But they ask if you received a tax refund in the last 6 months or if you are expecting one in the next six months? And how much? Just makes it seem like if you got one, they want it. I know that I have to answer honest, but what purpose do these questions serve if they won't take it??Comment
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Originally posted by wannabedebtfree
I know it sucks but this issue comes up weekly and I still feel that it's nuts to worry about. I know people that file for bk are broke and need every penny, but in either chapter you/we are going to the courts with our tails between our legs and giving up peanuts compared to the debts we owe. If thy want our nickel and dime tax refunds of anywhere from $50 to $2500 to free you/me of tens of thousands of dollars I say give it up with a smile. There will be many more refunds for us to keep as long as we all stay out of trouble.
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AMEN! Well put. Your tax refund would probably go to bills anyway ...Comment
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Yes, I guess we are just so use to depending on that refund to help get us caught up. But you are right, it would go to bills anyway.Comment
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It is not that they are out to get you, you may be able to use exemptions, if you are like most people it is exempt or not worth the trustee's effort to seize it.Comment
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