Not out of the woods yet!

[hhou812hh]

Boy oh Boy is LIGHTENING going to fry you on this one. I can't beleive he hasn't lit on this one yet, his fingers must be hot and sore from burning up the rest of us.
All I can see is you better listen to your lawyer on this and you may have to convert to 13. Sorry, I can't add something positive, but in your case 13 might be positive.

Lightning won't fry anyone. He's enjoying this one too much sadly...

[hhou812hh]

TDP, did your lawyer state that this is a bad idea to file so soon? I did the same thing for a little more and I have to eat peanut butter and jelly for lunch (just exagerating), but I have to be tight and work long hours to try and hang on for as long as I possibly can as per my lawyer's advice.

Sorry I can't help . This kind of looks like a no brainer if you file so close to doing that. Hopefully a ch13 will work out for you. I don't know if you want to re-affirm unsecured debt just in case of a future loss of income.
Good luck!

[TDP]

Lawyer doesn't see a problem at all. I had to list all debts and am not trying to discharge this debt or pretend that it didn't happen, just wondering how to settle it with the company. How many months, how much to offer, monthly payments??? etc. Ch. 7 isn't a problem, 13 is not an option with us. It was important that we kept all of our records and can show where the money went. I had to ensure that loved ones were not screwed, good things too, both have hit hard times and they needed the money. If I had any advice for anyone on the site, don't let anyone or anything try and get you down, you can only control yourself, and you might as well be internally happy knowing that you have no control of the world around you. TDP

[TDP]

Plus, I think it is stange how people get off on this site when things go wrong. Check the posts, people need help, no replies. When someone has a problem, board lights up like a switchboard. Shame everyone doesn't put that much energy into positive ideas. !!

[hhou812hh]

Plus, I think it is stange how people get off on this site when things go wrong. Check the posts, people need help, no replies. When someone has a problem, board lights up like a switchboard. Shame everyone doesn't put that much energy into positive ideas. !!

Shame you feel this way. A disputed discharge is the one thing that most of us fear in bk. This topic is probably the most covered on this forum and it seems odd that you ignored it. Sorry to say that there isn't much positive support that can be offered for your problem except a ch13.

Good luck at whatever you do.

[TDP]

How about paying that debt?? Does anyone ever think of that? The world didn't end either. Wow.

[TDP]

Everybody should really check themselves. I have spent the last two weeks in Mississippi helping Hurricane victims and I am leaving again this Friday, my problems don't seem so big after all. We should all be so lucky.

[StaciMM]

TDP-

If all else fails, and MBNA won't work out a payment plant you can handle, they make take action to garnish wages, etc. I hear MBNA can be ruthless. If you were somehow able to manage a 13, at least then MBNA wouldn't be calling the shots.

Regarding all else-most people come here for honest advice. Your posts indicate you purposely commited fraud (making transactions while knowing you were about to file BK). Personally, I feel that your actions take advantage of this board somewhat. (Besides that, you were given sound advance months ago-to wait til just before the deadline to file. You ignored that advice, look where it got you. What is the point of trying to help you when you when it won't have any impact?)

[Minnymouth]

Your case could also be dismissed by the court for fraud..... (you used cc checks to pay off family and friends, then used another cc check to pay off the cc company for the original checks to family and friends. Also knowing you were going to file bankruptcy.....
Best you can hope for is a Chapter 13, have the opportunity to payback the transfers, and pay a portion to your creditors.
Don't be surprised if your case is dismissed. Then you are back at square one.....and no way to file bankruptcy....
Bad situtation you have yourself in there....
Have a serious talk with your lawyer and soon.....

Keep us posted,
Minny

[HHM]

TDP

All were trying to do is present you the reality of the sitution, no one is judging you (except maybe lightening )

In reading through this post, I am not sure where things went arry (sp?) to make you suddenly have this attitude. First, your really asking a question that no one on this forum can answer (i.e. What MBNA would settle for). My educated guess is you might get lucky if you can get them down to 50% of the balance owed. But since were dealing with a presumption period dispute, they may not be willing to go that low. But really, only MBNA can answer that question. The rest of the posts are about the consequences of taking various actions and what other options you might have, I don't see how that is not helpful.

You mentioned in one post, that "if you knew this would happen, you would not have filed". Well, Staci makes a good point, apparently you were warned several months ago that this "could" happen given you circumstances. The flap with MBNA will not effect your overall discharge in BK, it sounds like you are going to have to pay them something or accept the fact that they will get a judgment against you.

What is more concerning is the payments to insiders (family member). On the Statement of financial affiars there is a question asking if you have paid any money to insiders in the last 12 months, I assume you said no. And odds are, at the 341 meeting, you will be asked the question again under oath. I certainly cannot suggest you commit perjury, but realize, that is what your doing by concealing these significant payments to your family members, and you are putting these family members at risk of getting sued by the Trustee to recover the money you paid, if the trustee finds out about these payments.

Your right, there are people with bigger problems, but this is a Bankruptcy Forum...so that is what we talk about here. Bankruptcy is the first step to financial recovery, if done right, its a tremendous benefit, but if done poorly, it can make your financial situation unsalvagable.

[hhou812hh]

TDP

All were trying to do is present you the reality of the sitution, no one is judging you (except maybe lightening )

In reading through this post, I am not sure where things went arry (sp?) to make you suddenly have this attitude. First, your really asking a question that no one on this forum can answer (i.e. What MBNA would settle for). My educated guess is you might get lucky if you can get them down to 50% of the balance owed. But since were dealing with a presumption period dispute, they may not be willing to go that low. But really, only MBNA can answer that question. The rest of the posts are about the consequences of taking various actions and what other options you might have, I don't see how that is not helpful.

You mentioned in one post, that "if you knew this would happen, you would not have filed". Well, Staci makes a good point, apparently you were warned several months ago that this "could" happen given you circumstances. The flap with MBNA will not effect your overall discharge in BK, it sounds like you are going to have to pay them something or accept the fact that they will get a judgment against you.

What is more concerning is the payments to insiders (family member). On the Statement of financial affiars there is a question asking if you have paid any money to insiders in the last 12 months, I assume you said no. And odds are, at the 341 meeting, you will be asked the question again under oath. I certainly cannot suggest you commit perjury, but realize, that is what your doing by concealing these significant payments to your family members, and you are putting these family members at risk of getting sued by the Trustee to recover the money you paid, if the trustee finds out about these payments.

Your right, there are people with bigger problems, but this is a Bankruptcy Forum...so that is what we talk about here. Bankruptcy is the first step to financial recovery, if done right, its a tremendous benefit, but if done poorly, it can make your financial situation unsalvagable.

Well said HHM. I don't want to open old wounds with this thread, but just wondering why TDP's atty didn't explain all of this unless the atty didn't know it all. I saw an atty and have a similar story to TDP and the atty wouldn't even take the case knowing the situation.

[sunshine08]

TDP - chill out - lightening hasn't hit yet!! Nobody is knocking you or your problem. Sorry we couldn't tell you what you wanted to hear. Don't shoot the messenger, we didn't create this problem, we are trying to help, but we don't have a miracle cure for this or we wouldn't be here.
Have you tried a reputable debt consolidation company? (couldn't remember if you said or not) MBNA don't play - they quit school because school had recess (can't you tell I am full of redneck?? & I feel slightly better)
You are probably at the very least going to have to wait for the new law, try & pay something to the cards etc. that you used last, for as long as you can.

[robivi3]

I discharged $17,000.00 that i owed MBNA. Most of the balance transfers were several years before filing and I have the idea that percentage wise I had really paid alot of the initial debt so a portion of the amount owed was late fees and stacked up payments.

They did not contest anything and were the first to correctly list everything on my reports. However, I also know that MBNA was one of the key lobbyists in regard to the new BK legislation.

I think that your situation is very serious. It is possible that the Trustee will go after family members to whom preferential payments were made. I would be very cautious about any statements I make to the Trustee. You need to be fully prepared with your answers as you are likely headed for a deposition at some point. Not just because of the payments to family, but he will likely view this as an attempt to hide assets and will question the validity of the loans.

Remember that the Trustee works on behalf of your creditors. In BK Court "fairness" is not an issue, you have already admitted guilt and are asking for relief. The Judge will almost always side with the Trustee.

In my case my Attorney was very upfront and took personal interest in my case. However, he also made it clear that extras were not included and that he was only doing the straight BK, so we had some extra expenses in regard to his fees. He let me know what the problems might be in regard to my situation and thankfully did not insinuate that I should commit fraud which was why i like the man. What I'm saying is that complications will result in more expenses and possible problems for your family.