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Boy am I stupid! I sense a creditor objection in the works.

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    Boy am I stupid! I sense a creditor objection in the works.

    It's got lots of history and I probably shouldn't ramble on for paragraphs. But...

    I'm more than $100,000 in debt on credit cards and I just realized that I opened a new account with ###### last ###### (in addition to the account I had already) and then I got a $25,000 Cash Advance the next Month deposited to my Checking Account.

    More than two-thirds of the Cash Advance got paid out to other cards and the rest got used up as we struggled to make our monthly payments and lived off of credit.

    In ###### I stopped making payments to almost all of my creditors and now I'm less than a year out from that huge Cash Advance.

    When I recently talked to the collections department I didn't fully realize the clues. From their perspective I opened up a new account, got a huge Cash Advance and then quit paying six Months later. This is the bank that was upset that all of my other accounts show me as being current even though they aren't. No wonder they didn't believe me when I told them my problems were due to medical expenses.

    Holy crap, they're going to come after me for this one for sure. Right?

    There's some additional history with the other account I've got with them that may help me not seem like a total creep. It was originally an ###### account with a credit line large enough to buy an SUV and I've had it for almost twenty years! We had gotten $25,000 Cash Advances from that account two different times to take advantage of temporary 0% APR offers. We paid those back with other transfers from other cards and barely paid the last one back in mid 2006. The account would be zero right now if not for $6,000 worth of charges we made in the last months before we abandoned using credit. The Interest Rates on that account had gotten bad due to a late payment and my weakining credit score kept them from restoring the lowest rates.

    Having played the game before and feeling like I was being smart, I responded to a pre-approved offer from them with a good interest rate. I opened the new account to get the better rate even though my twenty year old account wouldn't budge. In the past I had been able to shuffle Credit Limits between accounts with the same bank and I did exactly that with the old and new accounts. The end result was a new account with nearly the same Credit Limit with a better Interest Rate than they would give me on my old account.

    I wonder if my explanation will be enough to get me out of trouble. Among the many things I wish I had done differently in the past -- this is a BIG ONE!
    Last edited by Keebler; 08-27-2008, 08:14 PM.
    Discharged November 2008 100 days after filing no-asset Chapter 7. We intended to let a two-year-old vehicle go back to the bank and reaffirm an inexpensive ten-year-old SUV and our home mortgage. In the end we surrendered ALL of our vehicles and reaffirmed NOTHING. We'll "ride through" our mortgage after the court ruled it an undue hardship.

    #2
    I wouldn't worry about it if you didn't try to commit fraud in any way then oh well. I kind of did the same thing. The credit card that happened to offer me 0% at the time I claimed bankrupcty is about to foot the bill. I did wait 90 days with no activity before I filed. Their fault for offering you credit when they should have realizied you were strapped.
    Kari
    10/12/2007 Filed Chapter 711/08/2007 341 Meeting 01/07/2008 Last Day for Objections
    http://www.bankruptisnormal.com/

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      #3
      btw. my biggest one is MBNA too. They still have my my interest rate at 7.9 even though I haven't paid them in 4 months. They must be getting desperate. All my other cards raised to 32%.
      Kari
      10/12/2007 Filed Chapter 711/08/2007 341 Meeting 01/07/2008 Last Day for Objections
      http://www.bankruptisnormal.com/

      Comment


        #4
        When I recently talked to the collections department I didn't fully realize the clues. From their perspective I opened up a new account, got a huge Cash Advance and then quit paying six Months later. This is the bank that was upset that all of my other accounts show me as being current even though they aren't. No wonder they didn't believe me when I told them my problems were due to medical expenses.

        Holy crap, they're going to come after me for this one for sure. Right?
        hmmm. I have noticed one thing about the medical bill thing. It is seen as pretty natural in most cases to cause & bunch of extra spending & I know most courts take all that into consideration.

        First-out of work for awhile
        2nd- paying downpayments on medical
        3rd-charging extra stuff from having no/small paychek -food & gas etc...
        4th cash advance to keep paying that back,
        5th- God only knows!

        6th trying to juggle it to a smaller interest because you really do try to pay it back but don't want the high interest on all those medical bills.

        7th all these new problems keep coming that normally I could take care of on my salary.

        Do they care? NO THEY DO NOT CARE.

        IN the beginnning it is ok IMO to do that to stay floating but to keep doing might make the impact harder. Maybe not.

        Today was the first day I actually felt somewhat normal at work with little pain since July. I wish so much this were just a financial problem without the health complications on top. I can put on a handsome little smile on the surface but deep inside, I HATE MY LIFE.

        Comment


          #5
          Originally posted by WantToBeDebtFre View Post
          I wouldn't worry about it if you didn't try to commit fraud in any way then oh well. I kind of did the same thing. The credit card that happened to offer me 0% at the time I claimed bankrupcty is about to foot the bill. I did wait 90 days with no activity before I filed. Their fault for offering you credit when they should have realizied you were strapped.
          Mine is a little different. Every card I have will be at about half of my credit limit soon. I am not doing any more advances & transfering, everything will be charged from here on out. One week this card, next week that card, this weekend the other card. Now I have the new card taking on doctor bills every stinking week. $450.00 just for one doctor to pull one broken tooth? It took him 3 minutes.

          I am not waiting any 90 days. As soon as my last doctor releases me, I am getting an attorney & filing that day.

          Comment


            #6
            I'm sorta in the same boat, although I haven't filed yet. The advice I've gotten from several lawyers is to keep paying as long as I can. I'm not sure what timeframe constitutes a stale debt but I'm guessing paying on it over a year would make it stale. If they wanted to object, all they have to do is prove I was insolvant at the time I took out the advance. Well, hec - who is able to pay when they take out balance transfers to take advantage of the lower rates to try to pay down another higher rate card? It's just an endless cycle.

            None of this really matters though if a creditor objects.

            You've already filed. Instead of worrying the best thing you can do is put this into perspective. Say they object - either they'll offer your lawyer a deal for you to pay a %, or they'll want you to pay in full. You are 100k in - at worst you walk away with 25k debt that you'll have to repay. Getting rid of 75k is nothing to sneeze at.

            There's no sense in worrying yourself major about this. What is done is done. And if they did object, could you afford the litigation fees? Not many filing for bk can.

            On a positive note, I have a friend who worked for Discover and she told me that if a creditor had been paying for 6 months, that Discover didn't consider that fraudulent. I know we are talking about B of A but my point is that 6 months seems to be the general consensus where creditors won't object.

            and I also had a lawyer tell me that B of A is one of the more leniant lenders (who knows if this is true or not).

            just try not to beat yourself up.
            Filed Chapter 7 Pro-Se May 29, 2008
            341 July 1, 2008
            Discharged September 4, 2008
            Closed November 10, 2008 :-)

            Comment


              #7
              We had an MBNA acct get taken over by BoA too, Keebler.

              If you got the offer from BoA around or shortly after the consolidation,............ Chances are, the right hand did not know what the left was doing. BoA did not know about the other acct.

              We filed against 3 BoA accts and still have 1 showing on our Credit Reports as Open. We don't even have the card. It got snipped up in the great "CC Cut Up Party" pre 341 Meeting day.

              Remember too,.............. You're beyond the 70 day time frame. The burden falls on them to prove you took the Cash Advance without every intent to repay.
              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


                #8
                I am also in the same sort of situation... I got a Bank of America Alaska Airlines Visa card about eight months ago... Am on time, everything paid on time, etc... I am a compulsive gambler, charged thousands of dollars on internet gambling... have always won and then would pay off the credit card... I have been on a VERY BAD loosing streak here, I took out a $22000 cash advance on 09/28/07 and took it all up to Vegas to put on a sporting event.. well that event of course lost... I screwed myself... I have a 1st/2nd mortgage bal of $215,000, credit card debt of approx $39000, a car that is paid off, a car I owe $17K on.

                I am going to file bk as I could never pay that B of A cc back... I am thinking about just giving it all back, the house and all...I live in AZ, make approx $52000 a year, single and am just barely getting by... I am current on my payments until the 1% interest rate runs out in May 2008... I NEED MAJOR HELP here...

                I am currently seeking gambling help, have all copies of wagers placed, ect to show I have a gambling problem... I am hoping to file a chapter 7 bk... I need help!!

                Comment


                  #9
                  I sort of feel that I am responsible however B of A should also take some blame here on allowing me to place these internet wagers... Credit card companies should not allow their customers to make any purchases/cash advances at casinos or online gambling sites.. Its their fault as much as it is mine... What can I say.. I am a compulsive gambler and the Bank of America has helped me fuel my addiction.... I should file a law suit against the Bank of America...

                  Comment


                    #10
                    Yea, ok.

                    Comment


                      #11
                      Originally posted by mesa777 View Post
                      I sort of feel that I am responsible however B of A should also take some blame here on allowing me to place these internet wagers... Credit card companies should not allow their customers to make any purchases/cash advances at casinos or online gambling sites.. Its their fault as much as it is mine... What can I say.. I am a compulsive gambler and the Bank of America has helped me fuel my addiction.... I should file a law suit against the Bank of America...
                      The next thing you'll be saying is liquor stores shouldn't sell booze to alcoholics...lol. The banks don't care what you do with the money. Is it bad business for a lender to over-extend someone on credit...Yes! But, is anyone doing anything about it...No! Do some google searches and you'll read tons of articles about games lenders play when extending credit.

                      Comment


                        #12
                        I agree CC companies are to blame. They will give you an increase in limit when they know you are way overextended.
                        Filed: 6-7-2010 341: 7-15-2010 DISCHARGED: 9/17/2010

                        Comment


                          #13
                          Mesa,
                          I am the first one to say that I am sorry for your addiction. But in no way is the credit card company to blame for anyone's debts or addictions. I agree their practices suck, but in the end we have spent the money.......I think for the most part people on this forum may complain about creditors that "do this or that" but in the end its just complaining, not real blaming....... With your theory we should giving the death penalty to gun manufacturers for the murders occuring on our streets. We all have to take the blame for what we have done financially and use the tools that have been given to us legally to help us resolve those issues, i.e. BK.

                          P.S. I am happy to see that you are seeking help.
                          Chapter 7 Pro Se....Discharged Feb. 2006

                          Comment


                            #14
                            I really do think that the credit card company is about 55% responsible... Credit card companies KNOW that you will LOSE in a casino however they still let their customers lose their ass!!! The credit card companies should be sued for this pratice!

                            Comment


                              #15
                              This way of thinking, in my opinion is completely irrational. So under your theory they should completely take away a customer's freedom to get a cash advance in any casino? Which means that if I go into a casino on my next vacation to Vegas and need a cash advance I should be blocked from doing do because YOU might lose your ass???? Even though I don't have a gambling problem? Doesn't that seem a bit irrational?

                              I would like to add that I am not trying to be rude or disrespectful. I just do not like to blame others for my mistakes. It is hard to be direct and to the point while typing without sounding sharp. So if this sound sharp I apologize in advance. I do not mean disrespect.
                              Last edited by CindyLou; 10-20-2007, 04:29 PM.
                              Chapter 7 Pro Se....Discharged Feb. 2006

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