Forum Rules (Everyone Must Read!!!) (updated: 04/28/2015)

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Question about filing timing

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  • Question about filing timing

    Hello! New here, but I wanted to see if I could get some advice before I talked to a lawyer for a Chapter 7 for my wife and I (we do fall under the number required to automatically pass the Means Test, also).

    About 9 months ago I was trying to refinance my debt. I was paying about 500 a month, but my interest was 28%, so I eventually got a loan that was half that, but it only for half my debt. But that raised my credit score so I could get the rest on an even lower % transfer.

    Anyway I kept juggling my debt around to pay it off, but in doing so I made my monthly payments 900 a month, which took up my free money for the month like groceries so I ended up using credit just to pay for stuff and well, even though I was making good dent in my initial loans, I was using credit just to get by with that extra 400, and now it's catching up and overtaking me.

    Now with my wife gotten out of the hospital this month, I just incurred about another 5000 in hospital bills. I was still trying to make it work with another balance transfer but that just added another 100 to my monthly payments. I tried to be responsible but I buried myself!

    With balance transfers it's like cash advances I hear, so I have to wait 70 days so it's not contested. But we also made some non-vital purchases over 650 on one card over 90 days as well. I had intended to pay them off, but with my own health problems, I find myself unable to work overtime (which is what I've been doing every month to keep up with bills).

    So if I talk to a lawyer to file for bankruptcy before that 70day/90day limit, what should I do to face my card charges when it's challenged? If I have to pay some of it after all that's fine, but I don't want to face fraud charges. The reason I didn't feel like I want to wait because if I do, either I'm going to have to not pay some creditors, or use credit to even just buy groceries, and either way seems like a bad idea.

    For any advice, I appreciate it!

    (edit: the balance transfer that was most recent was for about 2000, and the purchases for about 1000, and my total debt right now is probably about 30k, including the hospital bills)
    Last edited by Cinder; 05-08-2016, 02:03 PM.

  • #2
    Stop using credit now. If you can't make your debt payments and pay living expenses without using credit, stop paying on the debt. If you are certain you are going to file BK, stop paying your unsecured debt.

    Make appointments for free consultations with bankruptcy attorneys. There is no reason to delay doing that You can talk to them about timing.
    LadyInTheRed is in the black!
    Filed Chap 13 April 2010. Discharged May 2015.
    $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!


    • #3
      Originally posted by LadyInTheRed View Post
      Stop using credit now. If you can't make your debt payments and pay living expenses without using credit, stop paying on the debt. If you are certain you are going to file BK, stop paying your unsecured debt.

      Make appointments for free consultations with bankruptcy attorneys. There is no reason to delay doing that You can talk to them about timing.
      I made an appointment for this week, not using any more credit. I'm worried about not paying but I'll see how it goes!


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