I think I really screwed UP.

[Egrain]

OK I need so comments and incouragment. DH and I spoke to a lawyer today about BK. He sugested we go chapter 7 and sent me home with all the paperwork.
I am so worried because we have been juggeling finances thinking that my husband was getting a big raise at the end of Aug. that would cover all our payments. Needless to say. It did not come through like we expected. Now we have recent charges and 2 small cash advances. Because we have been sending all our cash to our creditors keeping the minimum payments paid. Then using our cards for food, utilities, gas and such. Are we totally screwed? WE have been recharging almost as much as we were paying in, just trying to stay ahead until late Aug.

[killinstinct]

Sooo...take a deep breath and try to stay calm. It will be ok!!

Make a budget. Can you pay your bills with your current income (without payments to credit cards)...that is question #1.

[Egrain]

Yes if we are not making the payments to the CC's. We just can't do both.

[justplaintired]

Yeah don't worry you sound like alot of us. I assume he told you to stop paying cc. You did tell him about the cash advances? He will give you a time frame on filing to prevent any red flags on your case. We were living the same way, and yesterday we finally got our discharge, so see, don't worry someday it will all be over.

[ForumReader]

Yep, don't worry, inform your lawyer about what happened if not done already. My suggestion is if you are planning to file for bk, stop paying cc's at once. I know it is hard not to stop paying cc's but it would be a waste of money especially if you are going to file for bk. Best wishes!

[music12]

your situation is precisely what bk is for. don't worry.

[lookingforward]

Definitely stop paying the cc. If you are going to file it is like throwing money away.
Don't worry, your story sounds alot like the rest of ours!!
It will be fine. And at the end of it all, you will have a fresh start!!

[zpbk13]

I want to second and third the stop paying the credit card advice. It was so hard for us to stop paying as we were always so good about that type of thing. I felt so guilty at first but realized (thanks in part to this board) that bk is exactly for people in our situation and yours. If you know you are going to file, it is truly like throwing money out the window to continue to pay.

If you have concerns that creditors may call you all at work, see if your attorney will allow you to refer your credits to him/her. That worked perfectly for us.

[Egrain]

We really thought we were doing the right thing, keeping all the min. payments made. Now it kinda feels like your damned if you do and damed if you don't. I am very concerned about creditors calling my husbands work. He has just made it through his probationary period. Thats why were expecting a bigger raise than what we got. We have to see our lawyer again in 2 weeks I think refering people to him would be great if we can.
How long does it take creditors to start calling ? Some of these cards we have had since 2001 and never been late.

[zpbk13]

I feel your pain. Believe me! We were in the same boat. Never late on the cards, paying early in fact and more than the minimums usually.

As far as the phone calls, they started almost immediately! Fortunately, I have a direct dial number and I could hit the ignore button on the phone. It does not sound like your husband has that luxury. I believe I have read on the board that you can request the creditor not to call you at work. Not sure if that can be done verbally over the phone or if you need to send them a letter through the mail. Our attorney allowed us to refer the creditors to her as soon as we paid a retainer which was equal to about half her fee, $1500 including the filing. See if your attorney will allow you to do something similar.

I wish you all the best. This is a great place to get real life examples of how this process works and just vent when you think no one else will understand.

[ForumReader]

We really thought we were doing the right thing, keeping all the min. payments made. Now it kinda feels like your damned if you do and damed if you don't. I am very concerned about creditors calling my husbands work. He has just made it through his probationary period. Thats why were expecting a bigger raise than what we got. We have to see our lawyer again in 2 weeks I think refering people to him would be great if we can.
How long does it take creditors to start calling ? Some of these cards we have had since 2001 and never been late.

When the creditors start calling, leave the answering machine on. Have you retained your attorney enough for him to start taking calls from your creditors? As for creditors calling your husband's work, do they have his work phone number on file? If it is a direct line to him, have him screen his calls and not answer their calls while he is at work.

[Amy26]

Welcome to the forum by the way! When did you take the cash advances and how much were they for? I'm sure you'll be fine! I didn't have cash advances but I had balance transfers 3 months before I filed. One for 6,000 and one for 4,000. I had made 2payments on them and they were not questioned.

Good luck and keep us posted.

[Egrain]

We have actually paid the attorney in advance the full cost inless something weird arrises. I was able to borrow it from my uncle. The two cash advances were for $100 each. That was because our checkbook became overdrawn, and I didnt want to get slammed with bad check fees. We were never cash advance people. The intrest rates were too high. Both the cash advance and the overdrafts were from BofA. So hopefully the will see why we did it. We have had checking and savings with them for 21 years and never a prob. The CC we have had since 2001. It was also the one we used the most with the highest balance. I thought I read that if part of it is disallowed as fraud (or whatever) it would not be the intire amount for the full 8 years ? Is that correct? Thans you all so much for your answers and you incouragment.

[Flowers]

I believe with the cash advances you took, you have to declare it on your BK filing. They say no use or payments within 6 months I believe but if you did it, then it is a fact.
No more paying cc's, and welcome to the forum I hope you get alot of help here like I did.

[killinstinct]

Under the Fair Debt Collections Practices Act it is ILLEGAL for you to be contacted at work if you notify the creditor that you cannot take their calls at work. If you give them your attorney's name and contact information, and tell them you are going to file, that will stop most calls.