I met with a bankruptcy lawyer about a month ago and he told me since a good portion of my debt (all credit cards) had been accrued within the last 6 months that I would not be able to file until next summer. He told me to pay one more time to the cards I had still been using and then stop payments completely on all of them. I only met with this one lawyer (who has handled bankruptcy for a few people I know) so I'm not sure if I should look elsewhere or if this is what every lawyer would say.
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You will pretty much be told that. If you search here on this board you will see several discussions about this. The reason to wait at least 180 before filing, is to lessen the possibility that a creditor may raise an objection to their debt being discharged, especially if the CC use has been for big-ticket or 'luxury-type' goods. Then they could claim fraud on your part.
Do check with several attorneys before settling on one. And stop paying on the cards, and save that money for your attorney.
Good luck to you and welcome to the forum.Last edited by AngelinaCat; 09-22-2008, 06:00 PM."To go bravely forward is to invite a miracle."
"Worry is the darkroom where negatives are formed." -
Yes normal advice
May 31st, 2007: Petition Filed by my lawyer
July 2nd, 2007: 341 Meeting Held
September 4th, 2007: Discharged and Closed.Comment
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Six months is a good waiting point, but if you can't wait that long then you can still file. If the money was spent on everyday needs, then you should be fine. But if you went out and bought big name things, you might have a problem.
How much debt was accrued in the past 6 months?Comment
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Well, I have about $27,000 in credit cards and at least half of that was accrued since the beginning of 2008.
I guess I don't mind waiting until next summer but that's a long time to be getting calls/letters from my creditors. I'm extremely anal about paying my bills so it's really going to kill me getting these calls.Comment
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