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    If card use ended today

    If I stopped using cards as of today then it is positively required to wait the 90 days to file.. I just want to make sure I have that clear..

    Is there no way around that?

    I worked at cancelling the places that bill my card monthly today..So this will be the last day for me after I return the rental movie tonight..

    #2
    Not really, according to a MOD here (HHM), he says it's best to wait, but if you must use the card for neccesities, you can. There are some posters here that used the card right up until they filed...no problems. I think it's best to wait if you can, but file when it's best for you.
    May 2008 Hired 1st Attorney/Stopped paying CCs
    May 21, 2009 Retained 2nd Attorney
    May 28th - Filed for Ch 7 (FINALLY!)
    9/11/09 - DISCHARGED!!!!

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      #3
      Thank you.. I just don't want to give any CC a chance to sue me.. That sort of scares me a bit. Have several cards with Chase eeeke

      Comment


        #4
        Originally posted by griswald View Post
        Thank you.. I just don't want to give any CC a chance to sue me.. That sort of scares me a bit. Have several cards with Chase eeeke
        The worst that can happen is that they'll fight a charge and make you pay for that specific charge...not the whole bill. No big deal if it's everyday stuff, but once you KNOW you are going to file BK and still use the card, they can claim fraud....

        I have a 27k debt with Chase, they never sued me and stopped paying over a year ago. I also (and still do) have a WAMU account (now Chase) and they never froze my bank account either...I was waiting...
        May 2008 Hired 1st Attorney/Stopped paying CCs
        May 21, 2009 Retained 2nd Attorney
        May 28th - Filed for Ch 7 (FINALLY!)
        9/11/09 - DISCHARGED!!!!

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          #5
          Thanks again .. I want mine to happen like yours did.. you did real well ..So once you stopped paying did you use yours at all???

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            #6
            Originally posted by griswald View Post
            Thanks again .. I want mine to happen like yours did.. you did real well ..So once you stopped paying did you use yours at all???
            By the time I consulted an attorney, I think I had less than $100 total limit on the cards...my "juggling/transfering $$ days were gone...I was maxed out...so yes, when I stopped paying, I stopped charging...
            May 2008 Hired 1st Attorney/Stopped paying CCs
            May 21, 2009 Retained 2nd Attorney
            May 28th - Filed for Ch 7 (FINALLY!)
            9/11/09 - DISCHARGED!!!!

            Comment


              #7
              Originally posted by liz417 View Post
              By the time I consulted an attorney, I think I had less than $100 total limit on the cards...my "juggling/transfering $$ days were gone...I was maxed out...so yes, when I stopped paying, I stopped charging...
              Yes - we juggled until there was nothing left to juggle with!
              Chapter 7 filed 10/21/2008
              341 - 11/26 went smooth NO ASSET
              Took 115 days after 341 - But Finally DISCHARGED 3/25/09

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                #8
                Did it take you over a year to hire a lawyer after your initial consultation?

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                  #9
                  I know that game..all too well

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                    #10
                    Originally posted by griswald View Post
                    Did it take you over a year to hire a lawyer after your initial consultation?
                    The 1st attorney I consulted with I retained for a ch 13 (he told me that's what I qualified for), he wanted his fees (4k) paid in full before he started the case, soon after I found this forum and became "informed" on how the BK process worked. I realized that just because I was over the median didn't automatically disqualify me from filing a ch 7. The 1st attorney became angry and REFUSED to even look at my numbers, by this time a year had passed (that's how long it took to come up with 4k) I had done the means test (many times) on www.legalconsumer.com and passed, but he wouldn't hear of it...he sent me a "letter" about a week later telling me that he would be "out of the office" for 2 months...he quit. This time around, I took my time and consulted with 6 attorneys, I knew what to look for in an attorney.
                    So it's been a LONG road...but well worth the wait (so far)...
                    May 2008 Hired 1st Attorney/Stopped paying CCs
                    May 21, 2009 Retained 2nd Attorney
                    May 28th - Filed for Ch 7 (FINALLY!)
                    9/11/09 - DISCHARGED!!!!

                    Comment


                      #11
                      Wow what a story .. Glad it's all working out for you, very nice.. My lawyer wants 225 for initial consultation.. Which will be applied to fees which should be around 1400 total includes 100 for classes and the 299 filing fee... I will mention that I can get the classes for 1/2 that amount and see what he thinks .. I didn't really look around but this person is a former BK trustee who claims he like to make it a smooth process. He has been a member of the bar for 30 years so I feel fairly comfortable, will meet in person for the first time tomorrow.. fingers crossed.

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                        #12
                        liz is right, you don't have to wait. however, if you took a big cash advance in the last 70 days, it might not be discharged, and if you bought something within the last 90 days that could be considered "luxury", that might also not be discharged. but even these would be discharged if the cc company doesn't file anything, and most of the time they don't because it's just not worth the money they would spend on a lawyer.
                        filed ch7 May 09
                        341 june 09
                        discharged, closed Aug 09

                        Comment


                          #13
                          Great and Thanks for the reply .. I definately didn't do any cash advances.. May of done a transfer to a lower percentage rate after sears cranked up the rate, believe that was a few months back..Will know alot more tomorrow after the meeting.

                          Comment


                            #14
                            if you did a balance transfer, just make sure you have indeed made some payments on it (to demonstrate that you intended to pay it when you made the transfer).
                            filed ch7 May 09
                            341 june 09
                            discharged, closed Aug 09

                            Comment


                              #15
                              We are filing tomorrow. We had some random card use during the middle of March but nothing exceeded $100 and maybe $300 on any card. We did a balance transfer with Discover to another card in December and have paid that account every month until this month just to be safe.
                              Filed Chapter 7: 7/3/09
                              341 Hearing: 8/6/09 - Went Smoothly!
                              Discharged: 11/30/2009
                              Closed: 12/16/2009

                              Comment

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