New some advice

[brokeinAZ]

I am new to the board and I have so many questions to ask and our lawyer we met with just rammbled through all the answers. My main question is available on our CC's I see some people on the boards buying cars just to help quailfy for a BK but what if i wanted to charge items (groceries for the family, supplies, new back sliding door the one we have is broke) how will that pan out? We have a 2nd home that is in my name that i am in forecloser on. But all our other bills are current. Current home, both cars, CC"s,ect. But on the CC bills we can only make the min payments and at the end of the month have 200-400 left over. I guess my thing is if i am going to BK can i go out with a BANG? and what should my time table be so i dont get any objections? Just curious is all

[justplaintired]

It's my understand from my attorney and what I have read on this forum, the last thing you want to to is charge on your cc. This can cause you not to be discharged. I believe that might get you in alot of trouble. I am not an expert, not by any means, but one thing both the attorneys we talked to told us, was don't use your cards! We stopped using immediately once we decided we had to do this. Also we quit paying them. That left us cash to buy groceries..... Both attorneys said stop paying and use that money to live on, so my guess is if you're serious, you should meet with some attorneys, pick out the one you feel comfortable with and then stop using cards. Ours had us wait 60 days from our last charge on all cards. We had not been using but one basically anyway. All our charges had been smaller charges, groceries, gas.... except one which we had purchased a tv on. This tv was purchased thinking we would still be paying on cards, then a few weeks after purchasing the tv, our card with the highest balance upped our rate to 31.25%, making our payment 342.00 a month, this was one card, we had 8 cards! Sorry for straying there, more info then you really wanted to hear!! LOL

Anyway, hope this helps, and I am sure others can give you more info on this. Best bet is have a free consultation, find out what chapter you qualify for and between now and then don't overuse cards. It will only cause you trouble on getting those charges discharged.

[sharksfan]

It's my understand from my attorney and what I have read on this forum, the last thing you want to to is charge on your cc. This can cause you not to be discharged. I believe that might get you in alot of trouble.

If the creditor objects, that PORTION of the debt may not get discharged... the rest of the case will move along.

[danaf]

I think you need to be less concerned with what you can charge now (knowing that you are facing bk) and figure out if you qualify or not for a ch 7. When you say after paying minimums you have 200-400 left over - well that raises some concern. Combine that with the min. payments you are making and then how much will you have left over? if you arent under $100 disposable after you quit paying all unsecured, you could be forced into a ch 13. Start reading & studying to figure out if bk is right for you.

[brokeinAZ]

thank you all for the input. I will continue to read the board. The wife and I sat down and had a long talk and agreed to stop charging and see what happens with the 2nd home forecloser. Might not have to file at all or if there is a judgement then we might be forced to. Will cross that bridge when we get there....

[duciwish]

It was stated earlier but you won't qualify for chap7 if you have more than ~$100 disposable income.

[ameliabedilia]

What are you doing with the extra $200-$400 each month? Do your budget taking out the cc's and anything else you would want to discharge and see what's left over. It really can't be more than $100. Are you charging groceries and necessities on your cards?

[brokeinAZ]

let me back up for a Second. When meeting with an attorney he did a budget on one of the 15pages of paperwork we had to fill out. With our income and out go not including CC payments he came up with -1600.00 a month dispolable income. He went over the amount that the Trustee allows for a family of 4 with 2 of the family members teenagers. Not sure if that cleaifies. And yes some months we do use our CC for groceries, gas, supplies ect

[ameliabedilia]

I'm more confused now. How did he come up with those numbers when in reality you can pay your cc's and still have a little left over? That would make me very nervous if the attorney comes up with -$1600 and that's not anywhere near true. Remember the trustee asks for bank statements, and the main reason they do this is to check all your dollar amounts out.

[brokeinAZ]

I'm more confused now. How did he come up with those numbers when in reality you can pay your cc's and still have a little left over? That would make me very nervous if the attorney comes up with -$1600 and that's not anywhere near true. Remember the trustee asks for bank statements, and the main reason they do this is to check all your dollar amounts out.

I hear ya