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new member here, 3 questions please

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    new member here, 3 questions please

    1. is there some website to get free ch 7 forms for eastern ca that are editable and saveable. i would much prefer to download forms, fill them out online on my pc, save on my pc, then print as needed instead of having to print blanks and then type the info. i have checked about 15 sites so far and there are plenty of places to download for free but all so far cannot be edited.

    2. once you decide to file, how soon do you need to stop using active credit cards? or put another way, say you file papers 5/1 and have been using credit card until then, so you stop using/charging to card on that date, how far back can card co go to have purchases not included/covered in the bk? and related what type of purchases can the bank get excluded?

    #2
    Try your courts website for forms.

    I'm of the opinion that the day bk is a viable option, is the day you stop using your cards.
    Ask yourself if, you stop paying on those cards can you support yourself. If the answer is no then, you have a problem bk can't fix.
    Here's what the bk code says about recent cc use. Most of us advise waiting longer than the 90/70 days that the code mandates.


    )

    (i) for purposes of subparagraph (A)--

    (I) consumer debts owed to a single creditor and aggregating more than $500 [$550] for luxury goods or services incurred by an individual debtor on or within 90 days before the order for relief under this title are presumed to be nondischargeable; and

    (II) cash advances aggregating more than $750 [$825] that are extensions of consumer credit under an open end credit plan obtained by an individual debtor on or within 70 days before the order for relief under this title, are presumed to be nondischargeable; and

    [Dollar amounts in subsections 523(a)(2)(C)(i) and (ii) are adjusted on April 1 every 3 years by section 104. Adjusted amounts effective 4-1-07 are in brackets.]

    (ii) for purposes of this subparagraph--

    (I) the terms "consumer", "credit", and "open end credit plan" have the same meanings as in section 103 of the Truth in Lending Act; and

    (II) the term "luxury goods or services" does not include goods or services reasonably necessary for the support or maintenance of the debtor or a dependent of the debtor.

    Comment


      #3
      thanks for the reply.
      in my case i had been using a cc for prior 90 days for basic living expenses, gas, food, health ins, car ins, phone bill, some discretionary like dancing, golf, the discretionary is about 15% of the total expense, and zero cash advances.
      actually i would much prefer to be liable for the entire balance as it is an airline mileage card and i would want to keep the miles. i would offer to the cc co that i would accept liability for the entire balance if they would let me somehow keep/reset the card.
      i understand the entire amount due needs to be included in the bk filing. if it is discharged then i would i need to make some deal/arrangement with the cc co that after discharge i would accept liability and with that perhaps they would let me keep a card with perhaps some tight limit?
      or can a negotiation with the cc co take place during the bk proceeding to come to some type of agreement? if possible

      Comment


        #4
        Well, if you still use the cards to support yourself, you're not ready to file.
        You can bet the cc company will close your card when they are notified of the bk filing.
        It's just foolish plain and simple to drag unsecured debt through bk. You may pay anyone you please post bk. The cc company will accept your payments but they can't negoitate with you. If they do, they are violating the permanent injunction that prohits them from trying to collect a discharrged debt.

        Comment


          #5
          well i didn't expect to have to file bk. i was negotiating for a real estate short sale, and just trying to conserve some cash until the sale was approved. one lender was on board but boa, the 2nd, in the end, would not accept any deficit, they want the full balance due. its a large enough amt that the financial decision is better to bk than carry the debt. so it came up fast and unexpected.
          guess i need to trade in my ff miles fast.

          Comment

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