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Robbing Peter...Filing 7 Tommorrow

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    Robbing Peter...Filing 7 Tommorrow

    Working on the day after 4 straight nights of not much sleep. Despite losing a parent at a young age - I can honestly say these have been among the darkest days of my life. I feel like the only thing that is keeping me going is the belief that my wife and kids are counting on me to get us through this.

    Filing Ch 7 tommorrow.

    I have been obsessing about the way we lived the past 2 plus years and what potential objections we might face.

    The one thing I keep coming back to is our use of anything (home equity, retirmement savings, selling what we could on ebay, balance transfers, cash advances, direct deposit advances, etc.) to make sure our minimum payments were always paid. We lived the past year waiting for a bonus check that never came and hit January knowing we had to do something.

    We followed our attorney's advice and waited 90 days from our last charges and it has now been 5+ months since our last balance transfer.

    I trust our attorney and think he understands we have been simply trying to survive. However, given our dependence on the transfers and advances to 'keep going' over the past few years - I can't help but wonder if we should be waiting longer to file.

    Is my worst case scenario of having to reaffirm some of this debt accurate or am I missing something else?

    Is it worth one more call to our attorney today to discuss or should I just take another deep breath and move forward?

    #2
    Based on your post, it sounds like you should move forward.

    This is the hard part. Making that decision to commit. You will feel very free once you walk out of the office having signed the final petition. Just check everything over for accuracy and then sign so you can finally get a good nights sleep!
    Filed CH 7 9/30/2008
    Discharged Jan 5, 2009! Closed Jan 18, 2009

    I am not an attorney. None of my advice is legal advice in any way..

    Comment


      #3
      Don't worry about it. I could have written your post. Almost same story. The day I talked to attorney started the positive change and day I signed was even better. My 341 was over in 10minutes with absolutely no problem from trustee. Am now on 5th payment waiting for 90 days. Was confirmed Feb.24. Believe me it will get better.Used to go to bed at night worrying about payments and woke with same thoughts. I can see down road ahead nothing but utilities and daily costs of living. No more credit card worries. Good luck and hang in there. Reading other posts on dealing with bk will help keep you calm during this phase of your life.

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        #4
        I guess it depends on how much harassment you feel you can take from the CC companies. Your situation sounds very similar to mine. I stopped paying most of my CC in Feb. and Just stopped the rest this month. I'm going to wait it out all the way to the last minute and spend the time preparing everything so I am completely ready, just in case the worst were to happen, the UST gets involved. thank god I found this place.

        I think a lot of people get jumpy and file too soon. Unless your home is being forclosed and you want to keep it, I see no need to file quickly unless your about to be garnished. you all ready accepted where your headed, now prepare, prepare,prepare
        Stopped Paying CC's 2/2009. Retained Attorney 1/10/2010 Filed 1/23/2010. Discharged 5/19/10 $187K CC, $240K 2nd,$417K 1st, No asset Ch-7

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          #5
          Originally posted by deepin View Post
          Is my worst case scenario of having to reaffirm some of this debt accurate or am I missing something else?

          Is it worth one more call to our attorney today to discuss or should I just take another deep breath and move forward?
          You are never required to reaffirm any debt. You may have non-exempt assets that the trustee will take, but you should already know that from your lawyer.

          I hope everything goes well for you, and just take a deep breath.

          Comment


            #6
            Perhaps reaffirming the debt was the wrong way to put it ...

            I see my worst case scenario as having to settle with creditors that might object - according to the very helpful sticky from HHM that seems to be the most common response to objections.

            I'm still breathing ...

            Comment


              #7
              First let me say sorry for your loss....

              Secondly, it seems like you are doing the right steps towards filing. Waiting the 90 days with no charging 5 plus months of balance transfers... Good for you.

              The onlt think that gets crazy is the creditors calling you... They can be VERY annoying and some try to start fights with you etc.

              When I first consulted my attorney about 3 months before we filed, he had given me a letter to send to all the credit cards companies. Now i am talking like 35 creditors. Yup, I had alot.... I sent a letter basically saying cease and decent all phone calls to me. I put my account number on each and sent each one certified mail return receipt requested. I never heard from any of them again!!! It took about 2-3 weeks for the calls to stop, but it worked. The only one that was a pain in the butt was BOA and AMEX. I just referred them to my attorney. I would not answer ay of there questions. They would ask me if I am going to file. I would say call my attorney and gave them the phone number and that was that....

              I wish you luck.... You should be just fine....

              Comment


                #8
                jessegirl

                Thanks for the reply.

                I have been riding the rollercoaster of emotions through each stage of the process.

                The calls were non-stop and annoying - but have since completely stopped when I gave them our attorneys information.

                The idea of of actually filing (tommorrow) and dealing with the potential objections - now has me overwhelmed with worry.

                Comment

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