just left mt lawyer, and he says it does not matter if i flie now or wait if i have cash advances as early as 3 weeks ago anybody experienced with this thank you
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Can you support with documentation (receipts, invoices, etc) what those cash advances were used for? How large were they (not meaning to be nosy, just trying to help you out!)*** 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. -
It does matter. If you haven't already paid the man, I would shop around for another attorney.Comment
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That's an Old Law mentality in a New Law world.
Old Law, you could file and the CC's might expect you to pay back what you charged or ran up in Cash Advances during the presumption period. Sometimes, but not always. That was "worst case scenario".
That was then. This is now.
CC Creditors are coming after BK Filers for the entire balance on their CC's now.
I'd be very wary of that attny's advise to file sooner rather than wait.
Within the 70 days on Cash Advances/Convenience Checks ($700 limit on luxury items) and 90 days ($500 limit) CC use, the burden of proof of fraud falls on you. After that time period, the burden of proof shifts to the Creditors. Creditors are even pushing now that BK Filers are using the presumptive time period fraudulently. Intentionally waiting out the Legal time limit prior to filing.
You make your own choice, but waiting would be my advise.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
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I'd walk away from this lawyer. 3 weeks before filing unless you have one hell of an explanation you will have to pay it back. He has nothing to lose, and will probably make more money on you when they dispute this which they will. I wouldn't even shop around for another attorney just yet. I'd stop using the cards, pay any cards used recently for a couple more months and use your caller ID and telephone off switch and ride out the storm for a while longer.
Not to be nosy myself but what made you decide to file for bankruptcy right after taking a cash advance? Not that I care, but when the trustee, US Trustee, creditor or judge ask you this you will need to give a very good answer. Waiting is your best bet.Comment
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