Told my wife

[AngelinaCat]

Okay. BG, I am glad that you and the Missus are doing better. I am sorry that your attorney has apparently not worked out. But this thread has grown to be more than NINE (9) pages in length, and the subject(s) is(are) changing.

Please make a new thread for each new subject. That makes it much easier for everyone to follow.

Thank you. This thread is now closed.

[AngelinaCatHub]

Worst I see happening is the dischargeability of your more recent cash advances (last 90 days) may come into question. I don't see the $40k cash advance being any issue because a) it was last year and b) you obviously were not contemplating bankruptcy at that time. What you need to stop doing immediately, though, is charging your overdrafts to this line of credit and start living within your means, no matter how much it hurts. Soon enough you'll have no choice anyway. If you can't do that then your troubles will only continue.

Jail only becomes a concern if you are concealing information from the court or trustee and it's found out later, after you've been discharged. Whatever financial trouble you've gotten yourself into, just come clean and you'll be okay. You might face some tough questions or be on the hook for some of what you owe but it shouldn't be much.

Listen to this advise. I cannot say it stronger. If you cannot live within your means, and start to practice this now, you will be taking a one way trip to destruction. 'Hub

[nceguyfromne]

So guys I'm nervous now. I used that overdraft protection to make payments to other cc only a month or two ago. Also I took a $40k cash advance last year to pay off a cc with a higher intrest rate. After reading the board... Am I going to jail?

Worst I see happening is the dischargeability of your more recent cash advances (last 90 days) may come into question. I don't see the $40k cash advance being any issue because a) it was last year and b) you obviously were not contemplating bankruptcy at that time. What you need to stop doing immediately, though, is charging your overdrafts to this line of credit and start living within your means, no matter how much it hurts. Soon enough you'll have no choice anyway. If you can't do that then your troubles will only continue.

Jail only becomes a concern if you are concealing information from the court or trustee and it's found out later, after you've been discharged. Whatever financial trouble you've gotten yourself into, just come clean and you'll be okay. You might face some tough questions or be on the hook for some of what you owe but it shouldn't be much.

[Blackgoose]

So guys I'm nervous now. I used that overdraft protection to make payments to other cc only a month or two ago. Also I took a $40k cash advance last year to pay off a cc with a higher intrest rate. After reading the board... Am I going to jail?

[donnao]

Forgot to say my daughter had no health insurance when she got sick, did what we could, but chemo and radiation is catastrophic, do what you have to do, she is healthy and doing great now. Would do it all over again to see her well. You never know what life is gonna through at you! Now we are dealing with a sibling with ALS (Lou Gehrig's disease) , doing the best we can do.

[donnao]

I completely know
how you feel, I was in denial too. Daughter was a heroin addict for about 6 years than diagnosed with non-hodgkins lymphoma after finally being clean, went through hell with her, thank God she's well, healthy and clean. But, I felt like I deserved rewards for going through that hell. She got married in 2006, had huge wedding spent a lot on her dress, etc. Than got divorced 2 years later, proceeded to get 2 dui's totaled a brand new car we co-signed for, but since it was totaled we got lucky. She is doing great and FINALLY! grew up, whew!But, in the mean time I felt I deserved what ever I wanted, after all, my daughter almost died, twice, poor me, WRONG!!!!! oh well hindsight is always 20/20 as they say. This forum has been the best! I am discharged and closed and and on to a new beginning that does not include self pity, just trying to be normal and debt free, so don't punish yourself, just learn from your mistakes and move on with your life, you deserve it!

[AngelinaCatHub]

Hey you guys. Thanks for all the nice words. We thought we had a good attorney. Went MIA until I demanded my money back.

Questions

Need a new car. Ok to buy 30 days before we file?
Joint checking account with wife had a cc "only in my name" tied to it. We go over the balance and the money gets put on the card. Is that considered a cash advance? I was using that to make min payments for the last year.

I feel lost a lot. Crazy!!! I have obviously been lieing to myself for years and years. As I go through this it's almost like I don't know who I am. It's been fake for so so long. Anyone else feel that way?

"It is our attitude at the beginning of a difficult task which, more than anything else, will affect It's successful outcome."
************William James

My friend, you have stated it well. It is crazy and yes, many of us were in denial. Now you are waking up to the real reality. You cannot pay Peter to Paul as Peter will find out too soon. That has happened to you. Now about using overdraft cc card. Yes that is a cash advance and since you know this and it is going to be done with your knowledge, this is tantamount to fraud. You don't want to do that. Buy a good used CHEAP car. There are tons out there. Buy from an individual and pay the car in saved CASH. Don't finance a thing at this point. Don't do it. Don't let your wife down by making stupid's when you now know better. Now is the time to be VERY careful and extremely honest. You only have about 90 days after you file and it is over. Then do what you want to except get yourself in trouble again. I advise nurse the old car or buy a beater for a couple hundred that runs a bit. 'Hub

[Blackgoose]

Hey you guys. Thanks for all the nice words. We thought we had a good attorney. Went MIA until I demanded my money back.

Questions

Need a new car. Ok to buy 30 days before we file?
Joint checking account with wife had a cc "only in my name" tied to it. We go over the balance and the money gets put on the card. Is that considered a cash advance? I was using that to make min payments for the last year.

I feel lost a lot. Crazy!!! I have obviously been lieing to myself for years and years. As I go through this it's almost like I don't know who I am. It's been fake for so so long. Anyone else feel that way?

"It is our attitude at the beginning of a difficult task which, more than anything else, will affect It's successful outcome."
************William James

[oregonpilot]

I'ld like to second that 'Hub.

So glad to hear things are going better for you Blackgoose

[AngelinaCatHub]

Blackgoose. Nothing to say except thank you for keeping us up to date. We have all been concerned and you seemed to have fared well. You have done better certainly, since your first post. Grats and I cannot wait till the 'hamsters' dance for you and your lovely bride. 'Hub and Mrs.

[drowning123]

I'm going to have the same problem one day. LadyInTheBlack will hopefully be a more appropriate name in about 3 1/2 years. But, I guess having our original names is a good reminder of where we've been.

So true about remembering where we've been.

[drowning123]

@ lotsahats . . . LOL. It's goofy. LOL.

[lotsahats]

I agree, Blackgoose. Hold on to your cash. I got a couple of payday loans a few weeks before I filed and I had no troubles with the Trustee. I just kept digging myself deeper and deeper. "Oh yea, I'll be able to pay that back." I had an epiphany. I was robbing Peter to pay Paul. I couldn't keep up. Then I found this wonderful forum, just like you did, and here I am almost a year later, free and clear of all debt. I should change my name from drowning123 to floating123.

Drowning, I've always thought your avatar was funny next to your username.

[LadyInTheRed]

I should change my name from drowning123 to floating123.

I'm going to have the same problem one day. LadyInTheBlack will hopefully be a more appropriate name in about 3 1/2 years. But, I guess having our original names is a good reminder of where we've been.

[LadyInTheRed]

Granted the extra burden is on the creditors and trustee, wouldn't that nonetheless create an Asset Case where one might not have otherwise existed? By all means, please correct me if I'm wrong. I'm asking because I don't know the answer..

Yes, it creates an asset case. But, that doesn't affect the discharge. The debtor gets a discharge and goes about his/her life while the trustee collects the asset and distributes it to the creditors.

Bottom line, Blackgoose, hold onto your cash. It's going to do you and your family a lot more good than your unsecured creditors at this stage in the game.

Definitely!
I didn't mean to detract from that message. It's just that I've seen people on here get panicked when they've discovered they've made preference payments when it really isn't as serious an issue as they may think. So, I just wanted to clarrify the consequences of preference.