Has anyone filed with very high credit card debt?

[ksgirl38]

Find another attorney. We had about 45k in CC debt and also passed the means test for 7... we were talked into a 13 and spent 2 very difficult years in the 13. Converted to a 7 and went through with NO issues.

I believe the reason the attorney office pushed us to the 13 was for the additional income...

If what you have said above is accurate, then stand your ground.

One of the attorneys I talked to indicated that a 13 is looked at better than a 7 by creditors, probably for the reason that you are attempting to pay the debt. Could that be the reason? That and if you are planning on buying a home you can get an FHA loan faster than if you go the Ch 7 route. I can't think of another reason at the moment, but then I'm still learning about all this.

[NeverDone]

Find another attorney. We had about 45k in CC debt and also passed the means test for 7... we were talked into a 13 and spent 2 very difficult years in the 13. Converted to a 7 and went through with NO issues.

I believe the reason the attorney office pushed us to the 13 was for the additional income...

If what you have said above is accurate, then stand your ground.

[nodebtnomore]

How do you find a good lawyer ? I went to one and he did not offer any advice, just wanted $2000.00 and told me Chapter 13. We only make under $5600.00 gross. I have been using
my IRA. My husband is worried.

He sounds like a "mill" BK attorney. Steer clear of him.

When you call to make an appointment, quiz the secretary/attorney briefly and politely about how they handle their cases.

I asked:

Is BK law all you do?
How long have you been handing BK cases?
Do you prepare the case yourself or do you hand me off to an assistant to do my means test and plug in my numbers.
Will you personally represent me at my 341 meeting?

Stuff like that. If they don't want to asnwer..... steer clear. Our attorney cost $3742 including filing fees, we had a defunct LLC company also. We discharged over a year ago and life is great! Our only regret is we didn't do it sooner..... we thought we could "wor" with our creditors. Big mistake.

[sunshinepa]

Keep doing consults, most are free. You might also post on here and ask folks from your area to PM you with recommendations. I actually was PMing with a fellow Pa person and he advised me of several. I ended up with one of those and never looked back.

Hang in there and keep searching until you find one who you are comfortable with!

[sue2]

How do you find a good lawyer ? I went to one and he did not offer any advice, just wanted $2000.00 and told me Chapter 13. We only make under $5600.00 gross. I have been using
my IRA. My husband is worried.

[tobee43]

Fraud is absolute BALONEY. Who told you that? We passed the means test and had a extremely hassle free CH 7 case & creditors meeting. Smooth as silk. We earn $120,000 a year and we had OVER $100,000 in CC debt.

NUMBER ONE THING is get a very good attorney. Stay away from the mill attorneys and find one who has been doing BK exclusively for many years and personally prepares your case and represents you. Our attorney was not cheap but he was the best. It was easier than I thought.

My opinion is we had been told to file CH 13 we would not have bothered..... worse nightmare than being sued

and may i "" the absolute truth..get a GREAT atty!

[nodebtnomore]

We have about $60,000 in credit card and lines of credit debt. Along with about $15,000 in medical bills. We were advised to file chapter 13, even though we would pass the means test because our unsecured debt is very high and might look suspcious (would cause an investigation for fraud). There is no fraud, but we were told everything would be looked through with a fine tooth comb and if 1 simple mistake was made it could cause a lot of trouble.

All of the $60,000 in debt is over 2 years old, we stopped paying on all of our credit cards in August 2009. The medical bills are more recent.

Any advice you have would be great - thank you!

Fraud is absolute BALONEY. Who told you that? We passed the means test and had a extremely hassle free CH 7 case & creditors meeting. Smooth as silk. We earn $120,000 a year and we had OVER $100,000 in CC debt.

NUMBER ONE THING is get a very good attorney. Stay away from the mill attorneys and find one who has been doing BK exclusively for many years and personally prepares your case and represents you. Our attorney was not cheap but he was the best. It was easier than I thought.

My opinion is we had been told to file CH 13 we would not have bothered..... worse nightmare than being sued

[JackBondLove]

Now were you doing this with a lawyer, or was this pro se? With the amount of unsecured we have, a lot of which just jumped up on us due to unforseen circumstances, our lawyer is going to work with us to make sure the story is straight to the trustee, because that high amount is going to be scrutinized.

Much like you, were trying to stay afloat until about a year ago when this all started, up until 25 April we were over the median for family size, and now we're in the home stretch. Got a chunk of student loans, as well, but I'm on the cheaper end. My wife went to the same school for her undergrad and graduate degrees, and that wasn't cheap.

I had a lawyer.

[tmkats]

Filing with just under $55K in CC debt and loans. Even with my DW's income counted our lawyer said we wouldn't have a problem with the means test since all the cards are in my name.

He said it shouldn't be a problem and that they wouldn't even bat an eye at the debt. Waiting the 6 months is going to be the hardest part (need those pay stubs). I just want this to all be over and never have to go through this nightmare again!

[NewStart11]

$137 dollars???
Why???
Or was that suppose to be $137,000?

[Medora]

We had $137 or so in CC debt, discharged a year ago (thank you!!).
Have since been living on cash, scaled-back lifestyle (thank you loan mod!!), and like the feeling of being debt free (except to the IRS, which we're paying off monthly.)
However, need cc's for business travel--renting cars has been tricky but doable.
Best thing we did was hire a local lawyer who knew the requirements of the trustees. Worth every penny...our paperwork was perfect and we sailed through. Phew!

[tobee43]

I will have to wait for several months. I had no Idea what the BK laws were! My husband will be getting some Social Security next month. Is that income also ?
I am worried about the creditor calls! Should I change bank accounts ? Citibank has my bank account number.

SS is exempt under the SS act as income. as well, in many states and counties, unemployment insurance is as well. there are also some exemption exceptions for certain types of pensions as well.

how you with your means test?

[sue2]

I will have to wait for several months. I had no Idea what the BK laws were! My husband will be getting some Social Security next month. Is that income also ?
I am worried about the creditor calls! Should I change bank accounts ? Citibank has my bank account number.

[SemiSpook]

I had about $140K, all unsecured, no student loan. Haven't had much income over the last few years, but I did have about $100K in cash as early as 3 years before the Chapter 7. I guess I basically spent down that cash (buying a house on the way out to take advantage of the homestead exemption.) I was also a Hurricane Katrina victim, so I had a good overall excuse. I just told the trustee that I've been juggling all this debt for a while and have just decided to throw in the towel.

Now were you doing this with a lawyer, or was this pro se? With the amount of unsecured we have, a lot of which just jumped up on us due to unforseen circumstances, our lawyer is going to work with us to make sure the story is straight to the trustee, because that high amount is going to be scrutinized.

Much like you, were trying to stay afloat until about a year ago when this all started, up until 25 April we were over the median for family size, and now we're in the home stretch. Got a chunk of student loans, as well, but I'm on the cheaper end. My wife went to the same school for her undergrad and graduate degrees, and that wasn't cheap.

[JackBondLove]

I had about $140K, all unsecured, no student loan. Haven't had much income over the last few years, but I did have about $100K in cash as early as 3 years before the Chapter 7. I guess I basically spent down that cash (buying a house on the way out to take advantage of the homestead exemption.) I was also a Hurricane Katrina victim, so I had a good overall excuse. I just told the trustee that I've been juggling all this debt for a while and have just decided to throw in the towel.