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    When to file?

    I am starting the process of filing chapter 7 and I do not know the total but I have spent few hundred dollars on payment, groceries and clothing. My biggest concern is I spent $600 few days ago registering for certification exam. Will this be okay?

    I have consulted with one attorney today and qouted me $1,879 total cost including filing fee and credit counseling fee. Is this reasonable?

    It came across from this forum that most attorney will want to no credit card use for 90 days... does this mean I have to wait 90 from now to file a case?

    My car payment is about 2 month behind and most of my credit card is 1 and half month.. and starting to getting phone call.
    Do I have to live with this phone for 90 days from now?

    Does anyone know any good bankruptcy attorney in Orange county?

    Thank you.
    Filed Ch 7 pro se - 11/08/07
    341 Meeting - 12/13/07
    Final Date for Objections - 02/11/08
    Case Closed - 03/04/08

    #2
    I do not know how my mom did it about two years ago. They only paid $800 for everything & that included two people filing together. It went smooth as silk for them. They were out of it in less than 90 days.

    Do I have to live with this phone for 90 days from now?
    My mom and her husband stopped answering the phone during that period. I think that is what most people do.

    Comment


      #3
      Bankruptcy

      I am starting the process of filing chapter 7 and I do not know the total but I have spent few hundred dollars on payment, groceries and clothing. My biggest concern is I spent $600 few days ago registering for certification exam. Will this be okay?

      Did you use a credit card ?

      I have consulted with one attorney today and qouted me $1,879 total cost including filing fee and credit counseling fee. Is this reasonable?

      For a chapter 7 no asset case, that sounds very reasonable.

      It came across from this forum that most attorney will want to no credit card use for 90 days... does this mean I have to wait 90 from now to file a case?

      Typically you should not have any major charges on your credit cards (especially cash advances 60-90 days) before you file. If you do, the worst thing that could happen would be the creditor will file and objection and you might end up paying the amount back!

      My car payment is about 2 month behind and most of my credit card is 1 and half month.. and starting to getting phone call.
      Do I have to live with this phone for 90 days from now?

      Don't worry about any money owed to the creditors now, I would catch up on that car payment(s) though unless you are planning on getting rid of it. Quickly enough the repo man can come without warning!

      Does anyone know any good bankruptcy attorney in Orange county?


      I live in Virginia, but plenty will chime in here to give you plenty of suggestions. They'll want to know more about what you are trying to do as far as filing, though to be able to assist you.

      WELCOME TO THE FORUM !

      Best of Luck, Catchmeifyoucan
      July 2006: Filed Ch13 :blink:
      Oct 2006: Converted to Ch7 :clapping:
      Jan 2007: DISCHARGED :clapping:
      Nov 2007: CLOSED :yahoo::yahoo::yahoo:

      Comment


        #4
        Stop paying all unsecured debt today. Use that money to pay the lawyer.

        If you plan to keep your car you need to get the payments with it caught up before you file.

        Two good solutions for the phone calls:

        1. Get caller ID if you don't have it. Then get the service that blocks calls from callers that block their caller ID.
        2. Get an answering machine, turn down the ringer. Let the answering machine pick up all calls. Make sure your greeting clearly states your name so they know they've reached the right house. Then just call back folks you want to
        May 31st, 2007: Petition Filed by my lawyer
        July 2nd, 2007: 341 Meeting Held
        September 4th, 2007: Discharged and Closed.

        Comment


          #5
          In order to keep Secured assets (house, cars, etc), you have to be current on your payments prior to filing Ch 7. If you aren't current, your auto loan Lender will simply file a Motion to Lift Stay and take the vehicle back anyway. So if you need that car for work or whatever, and want to keep it, you'll have to get current on your payments prior to filing BK.

          Many attnys won't file a BK when the person has charges within 90 days and cash advances within 70 days prior to filing. Within the 70/90 day time frame, the burden of proof that you knew you were going to file BK falls on you. Beyond that time frame, the burden of proof shifts to your Creditors.

          Many of us here have dealt with the phone calls. BoA was my personal favorite. 6-8 times a day, M-F. A dozen or more times a day on Sat and Sun. Starting at 8 am every day.

          As JRScott suggested,........... Get Caller ID or an answering machine to screen your calls. Answer when it's family or friends calling. Let it ring or let the machine pick up when it's a Creditor. Turn off the ringer if you need to.

          Whatever you do, don't talk to the Creditors. You give them info without even realizing it. You may get swindled into promising to pay back money. Even giving info to allow them to auto debit your bank acct.
          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


            #6
            I've read here and there if it wasn't a luxury good and less than $500 was okay. So I used a credit card for gas, groceries, clothing and food. Nothing was more than $100 execpt as I menstioned above $600 registration for certification exam. I should have stop using CC when I stop paying for CC. That should of save me about 40 days waiting time.

            BTW, how long does it normally takes before repos man knock my door for the car? August 28th will be exactly 3 month without payment.
            Filed Ch 7 pro se - 11/08/07
            341 Meeting - 12/13/07
            Final Date for Objections - 02/11/08
            Case Closed - 03/04/08

            Comment


              #7
              Originally posted by skyblue View Post
              BTW, how long does it normally takes before repos man knock my door for the car? August 28th will be exactly 3 month without payment.
              Could be any day now. Most car lenders start the repo process after missing two months of payments.

              Go out right now and take any personal belongings in your car that you need or want out of it. It's hard to get your things back after they are towed away with your car.
              I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

              06/01/06 - Filed Ch 13
              06/28/06 - 341 Meeting
              07/18/06 - Confirmation Hearing - not confirmed, 3 objections
              10/05/06 - Hearing to resolve 2 trustee objections
              01/24/07 - Judge dismisses mortgage company objection
              09/27/07 - Confirmed at last!
              06/10/11 - Trustee confirms all payments made
              08/10/11 - DISCHARGED !

              10/02/11 - CASE CLOSED
              Countdown: 60 months paid, 0 months to go

              Comment


                #8
                Originally posted by lrprn View Post
                Could be any day now. Most car lenders start the repo process after missing two months of payments.

                Go out right now and take any personal belongings in your car that you need or want out of it. It's hard to get your things back after they are towed away with your car.
                Oh boy. It's coming huh,,
                I thought I still had about a month.

                They tow? Don't ask for key? I will surrender my key without any resistant.
                Filed Ch 7 pro se - 11/08/07
                341 Meeting - 12/13/07
                Final Date for Objections - 02/11/08
                Case Closed - 03/04/08

                Comment


                  #9
                  They will tow it or bring their own key and not say anything. If it has been two months they have probably already cased your car & watched the routine. I met someone who repos cars & they have a dangerous job sometimes because of certain areas. Some people get real mad and go out there fighting and shooting at the repo guy. He told me they case the property first before taking the car back to be safe and will often get it in the middle of the night.

                  Then again they might let you go for a long time. My friend had a car taken back that way and he kept hiding his car & parking in different places and kept driving for a long time after 3 months. I think he had reached paranoia over it. I felt bad that was all happening to him but there was not much I could do. They eventually got the car.

                  My hunch is if the car is parked in the garage at home, they would get the car when you are parked at work or something like that. If it were me, I would most likely just take the car back to them and say I cannot afford it, but for some that is not an option. I think they still try to make people pay sometimes when it is a brand new ride for certain things even after you give it back...because of contracts.

                  This stuff can be haunting and confusing. So do not let it get to the point it makes you crazy.

                  Comment


                    #10
                    hi and welcome....mine was $1350.00 total....no matter what though isn't it worth it to get the elaphant off your back?? best of luck with your case...guzzie
                    case filed : 6 -5-2007 :blush2:
                    DISCHARGED ...9-26-2007..:yahoo::yahoo:
                    case closed : 11-13-2007 :yahoo::yahoo:

                    Comment


                      #11
                      just don't leave any personal belongings in your car and don't go anywhere that you cant get a ride home and you'll be fine. As far as the registration. The chances of a credit card co. filing an objection for the $600 is slim unless there are questionalbe charges in recent times prior to that for luxury items or if the total balance of the card is rather large. Even then the could probably still only object to what was charge in that 90 day period and worse case scenario you would pay back that amount. The catch is that most attorney's won't take your case until the 90 days passes because then your case is a much simpler case without the objections and they make the most bang for their buck on the case. If they take your case knowing you had charges in the last 90 days then there is a chance you may have an objection then they will have to do one of two things: charge you more up front or bill you per hour on the the objections. You are better off waiting the 90 days and not answering the phone!!
                      Chapter 7 Pro Se....Discharged Feb. 2006

                      Comment


                        #12
                        Originally posted by cindylynnsmith View Post
                        just don't leave any personal belongings in your car and don't go anywhere that you cant get a ride home and you'll be fine. You are better off waiting the 90 days and not answering the phone!!
                        From my friend experience - after 3 and half month later repo guy actually knock his door at about 10 pm and he gave him a key. Maybe my friend was lucky? I thought, that's what happen to most people. Now every time I go somewhere and have to worry about if my car will be there or not? Oh boy. That's no good!

                        I am bit concern about annoying phone call because land line phone is not mine I only use cell phone for myself. Land line phone is belong to my roommate.

                        I never update my phone number but I am sure soon or later they will be calling the land line phone.

                        90 days sounds very long....
                        I really didn't want to file it but once I decided to file it, I just want a get it over it asap.
                        Filed Ch 7 pro se - 11/08/07
                        341 Meeting - 12/13/07
                        Final Date for Objections - 02/11/08
                        Case Closed - 03/04/08

                        Comment

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