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CAn anyone with lots of cash advances share their stories of filing Ch. 7?? Thanks!

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    #16
    Originally posted by FoolAndHisMoney
    No thinking person thinks of this experience as a game. For those that do God help you!
    Actually, that's the way I've referred to it.

    We learned to play one "game" in life. Work hard, pay your bills.

    This BK thing is a totally different "game" for us. Different set of rules. Run out and purchase Money Orders to pay bills. Purchase Cashier's Checks to pay the Landlord our rent.

    But I'm not using "game" in a light sort of sense. Rather a descriptive manner.

    Our life before was lived one way, and now we live another way.
    Filed Ch 7 - 09/06
    Discharged - 12/2006
    Officially Declared No Asset - 03/2007
    Closed - 04/2007

    I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

    Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

    Comment


      #17
      Originally posted by scammer
      Your really not going to like what happens when the creditors send a "Complaint Objecting to Dischargeability of indebtedness 11 U.S.C. ~523"
      Your great, don't like my style, I love yours!!!!!! Hope you have some explanation of how you intended to pay that back bubba. Sounds like you might be seeing a "Motion for Examination under rule 2004". Sounds like your either one of the following, high income/asset individual?? Ohhh your not???????? Or your not the sharpest knife in the drawer. Bad scam, like the western sheriff says, "hang em high boys"

      Best of luck, your gonna need it.
      That was soooooo not nice. Scammer.

      Aa is terrified as it is. Don't need no extra pressure from you, or anyone else on this Forum for that matter.

      We're all a bit scared. I know I am. And I don't have any huge cash advances.

      I wrote 4 convenience checks in December. 3 on one CC, 1 on another. We are well below the $700 limit either way. I still worry. They could come back to bite us in the butt.

      Even tho attnys say we don't have a thing to worry about, I still do.
      Filed Ch 7 - 09/06
      Discharged - 12/2006
      Officially Declared No Asset - 03/2007
      Closed - 04/2007

      I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

      Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

      Comment


        #18
        The only thing I have to add-Scammer's comment might have been rough & abrasive, but it was honest. Would be better for someone to read that, and know the possible outcome, than to go in and blindly file a BK right after cash advances and later be dazed and confused wondering 'what went wrong?'

        IF YOU HAVE CASH ADVANCES, ETC., STOP USING THE CARDS AND PUT AS MUCH TIME AS POSSIBLE BETWEEN THE TRANSACTIONS AND FILING. Do what you can to make payments on the cards, and who knows? If things change financially (get a car paid off, or someone in the household gets a pay raise/promotion) you might be able to avoid BK.
        Most of my information is from personal experience or HOURS and HOURS of online research. When you're searching online, keep in mind there is no guarantee that the info is completely up to date, and your situation is unique from anyone else's. Do your homework, and consult with an attorney so you can make an informed decision.

        Comment


          #19
          Originally posted by scammer
          Before I spouted off I probably should have asked one question?? How much last 90 days?
          Last 114 days it is = to zero cash advances. I cut my cards up in November so I wouldn't be able to use them.

          BTW scammer, All I was kinda saying I didn't like the way you flaunt scamming the bk court, however, I don't like the cc companies either. Sounds like you had a great attorney. I am hoping to get a good one as well, however, from my consulations, I don't know if there are many good ones.
          Chapter 13 Filed 4/03/06 :blink: 341 Meeting Complete 5/11/06 :yes2:
          Plan Confirmation 6/16/06 :yahoo:
          Discharged: 1/5/2010 :yahoo::yahoo::yahoo::yahoo:

          Comment


            #20
            Originally posted by scammer
            Your really not going to like what happens when the creditors send a "Complaint Objecting to Dischargeability of indebtedness 11 U.S.C. ~523"
            Your great, don't like my style, I love yours!!!!!! Hope you have some explanation of how you intended to pay that back bubba. Sounds like you might be seeing a "Motion for Examination under rule 2004". Sounds like your either one of the following, high income/asset individual?? Ohhh your not???????? Or your not the sharpest knife in the drawer. Bad scam, like the western sheriff says, "hang em high boys"

            Best of luck, your gonna need it.

            Well, I can prove where it all went, and no, not a high asset individual...I gambled that all away in the last 5 years. Definatly not the sharpest knife in the drawer or I wouldn't be in this situation. I am definatly a financial loser. Thanks for pointing out my situation.
            Chapter 13 Filed 4/03/06 :blink: 341 Meeting Complete 5/11/06 :yes2:
            Plan Confirmation 6/16/06 :yahoo:
            Discharged: 1/5/2010 :yahoo::yahoo::yahoo::yahoo:

            Comment


              #21
              Proof Question..

              What if you cannot prove where everything you spent on your cards went? I mean, with cash advances, I bought a lot of things, but I don't have any proof of most of this even in my checking because it was bought through an online system..through ebay and so forth and I no longer have those accounts--I closed them a while ago to stop all of my nonsense! Will I be screwed because of this?

              Comment


                #22
                Where the money went is mainly an issue if the transactions were recent. If you used something for needed expenses rather than frivolous things, then that might work to your advantage. If the transactions are older, it is more an issue of what your intentions were at the time you used the card. The older they are, the harder it is to prove intent. (That is why older activity is less likely to be a problem.)
                Most of my information is from personal experience or HOURS and HOURS of online research. When you're searching online, keep in mind there is no guarantee that the info is completely up to date, and your situation is unique from anyone else's. Do your homework, and consult with an attorney so you can make an informed decision.

                Comment


                  #23
                  Sorry ...lots of questions

                  THank you for always answering my questions StaciMM! You are a great asset to this forum and a lot of help for me! So, if my purchases or whatever are over 4-6 months old, or older am I more in the clear? Of course my intention was always to repay them, and when we got to considering bankruptcy, I couldn't believe how sick I felt. I never thought in a million years I would be where I am at, but we screwed up and we are facing the facts. I want to cover our bases, and I cannot with these purchases now that I closed my accounts, so any advice for this is so greatly appreciated. Thank you!

                  Comment


                    #24
                    All I can say is that the older they are, the better it is for you. There is no set date where the creditors CAN'T object, but since its hard to prove intent, the odds are in your favor. I'm sure there are some odd cases with exceptions, but there would have to be something in the situation to make the creditor think they could win.
                    Most of my information is from personal experience or HOURS and HOURS of online research. When you're searching online, keep in mind there is no guarantee that the info is completely up to date, and your situation is unique from anyone else's. Do your homework, and consult with an attorney so you can make an informed decision.

                    Comment


                      #25
                      Originally posted by Jessika1012
                      What if you cannot prove where everything you spent on your cards went? I mean, with cash advances, I bought a lot of things, but I don't have any proof of most of this even in my checking because it was bought through an online system..through ebay and so forth and I no longer have those accounts--I closed them a while ago to stop all of my nonsense! Will I be screwed because of this?
                      If you used PayPal to pay for your transactions, the history is there. All you gotta do is look thru it.
                      Filed Ch 7 - 09/06
                      Discharged - 12/2006
                      Officially Declared No Asset - 03/2007
                      Closed - 04/2007

                      I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

                      Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

                      Comment


                        #26
                        Originally posted by scammer
                        Okay, Okay...........according to old law, past the presumption period in a lot of states, Okey Dokey, I had heard there harder on cash advances, and can object to those. But I profess not to be an expert on 90 days back to a year ON cash advances. My crack of choice was balance transfers. Therefore I bow out as a knuckle head without the knowledge about this subject. Also your dealing with new laws, and thats the dark side, I don't go there, force is way to strong..........Beware Luke...........


                        Luke, i am going to give you the secret to the universe, young Jedi knight...................it will be in my next post.......
                        Past the presumption stage under the new law as well......but as I have learned, it is up to them to prove I never intended to pay, why people seem to want to wait though, is if you get past 6 months, most cc companies don't even bother.
                        Chapter 13 Filed 4/03/06 :blink: 341 Meeting Complete 5/11/06 :yes2:
                        Plan Confirmation 6/16/06 :yahoo:
                        Discharged: 1/5/2010 :yahoo::yahoo::yahoo::yahoo:

                        Comment


                          #27
                          wow that is a wild thread.

                          And this one is really out there;









                          Anybody hear how this one went down;

                          Last edited by brokemommy; 06-26-2006, 01:09 PM.

                          Comment


                            #28
                            Originally posted by aa06a47
                            I have close to 30K in the last 6 months, I'm going to get killed I'm sure.

                            I really want to know how this has come out, would you be willing to share how this went over. I am really curious?

                            Comment


                              #29
                              Originally posted by SinkingFast
                              That was soooooo not nice. Scammer.

                              Aa is terrified as it is. Don't need no extra pressure from you, or anyone else on this Forum for that matter.

                              We're all a bit scared. I know I am. And I don't have any huge cash advances.

                              I wrote 4 convenience checks in December. 3 on one CC, 1 on another. We are well below the $700 limit either way. I still worry. They could come back to bite us in the butt.

                              Even tho attnys say we don't have a thing to worry about, I still do.

                              sinkingfast,
                              What is the lowdown about these cash advances that various people here have taken. What is allowable by law?

                              Comment


                                #30
                                Go look up the 70/90 day rule.
                                Last edited by anonymuse; 06-27-2006, 05:13 AM.
                                *** THIS IS NOT LEGAL ADVICE--ONLY A LAWYER CAN PROVIDE THAT. ***

                                My posts represent hours of research on and off the web, these forums, my experience, and my opinions.

                                Comment

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