Do I Still Qualify for Chapter 7?

[river147]

I'm a newbie here. Need help with this one. I have been enrolled in credit consolidation program where I've been making payments for the last six months. I've been trying to do the right thing but recently had to stop because I was having trouble paying my mortgage and normal living expenses.
My question is this. I don't plan to file for bankruptcy till after my modification is made permanent. Will the fact that I've been enrolled in credit counseling disqualified me from filing chapter 7, provided I pass the means test? How long do I not have to make any more payments to my creditors before I can proceed with chapter 7?

[newbie2]

I'm a newbie here. Need help with this one. I have been enrolled in credit consolidation program where I've been making payments for the last six months. I've been trying to do the right thing but recently had to stop because I was having trouble paying my mortgage and normal living expenses.
My question is this. I don't plan to file for bankruptcy till after my modification is made permanent. Will the fact that I've been enrolled in credit counseling disqualified me from filing chapter 7, provided I pass the means test? How long do I not have to make any more payments to my creditors before I can proceed with chapter 7?

Participating in a consolidation program won't prohibit you from filing for bankruptcy, nor is there any set rule about having to be behind in your payments to creditors. Many people file when they haven't missed any payments, and others file after years of missed payments.

File when it is right for you and your situation and most certainly consult with a couple of attorneys. Good luck to you!

[btbeme]

Will the fact that I've been enrolled in credit counseling disqualified me from filing chapter 7, provided I pass the means test? How long do I not have to make any more payments to my creditors before I can proceed with chapter 7?

Nope. Passing the means test means that you qualify. It does not tell you whether your BK will be wrinkle-free, however...

It isn't the payments that count. What will be counted is when you stopped using them, and what you purchased before you stopped. There are many threads here that discuss credit card use and fraud, so hunt around and read as many as you can find.

Most credit card companies are basically frozen in place - except for annoying you on the phone - for a good 90 plus days after you miss your first payment. And that gives you all the time in the world to consult a good half-dozen attorneys - or more - until you find one that truly speaks to you and knows the law. You will know him (or her) when you find him (or her).

[river147]

stop using credit cards

I stopped using the cc when I enrolled in credit counseling about 7 months ago.
The cc companies voluntary closed my accounts so no new charges are made while in the program. My concern was that I if qualify for chapter 7 means test, could the trustee still push me into chapter 13 simply because I was making payments to credit counseling program. what do you think?

[lrprn]

My concern was that I if qualify for chapter 7 means test, could the trustee still push me into chapter 13 simply because I was making payments to credit counseling program. what do you think?

No, your trustee won't care about credit counseling before you file. Take this off your worry list

As already stated, the only thing that matters to your trustee is how you come out on the Means Test and Schedules.

[btbeme]

Use your money for survival - a roof over your head, food on the table, keeping the lights on. Keep your receipts. And get going on interviewing lawyers. Several of them.