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

Welcome to the Bankruptcy Forum. Bankruptcy (BK) Forum is known as and will be referred to as BKF hereinafter. In order to ensure a long term success of our vibrant community, we have established certain rules and guidelines to which everyone must adhere to. Please take your time to carefully read our rules, before you start to participate in the community.

Things you agree to do: (BKF) users agree to use the search function before starting a new thread. This prevents duplicate discussions and allows for better organized topics.

All BKF users agree to read the sticky posts which may be available at the top of a forum page. These Sticky posts often contain valuable information. They may also outline more rules and guidelines specific for that particular forum, stickies are put in place by that forums moderator(s) or admin(s).

Things you agree not to do:

All BKF users agree not to call people names or write a post simply to make a personal attack, or get a negative reaction; this behavior is not allowed on our forum. The use of derogatory language aimed at anyone will be severely dealt with. There is no need to agree with each other, or to even like each other. However, by signing onto you agree to treat each member and guest with the respect they deserve. No threats or personal attacks will be allowed.

All BKF users agree not to discuss, engage, or encourage any behavior or activity which violates the law. Discussion of drugs, violence, murder, theft, vandalism, fraud or any other issue which could be used to help individuals break the law is strictly forbidden.

All BKF users agree not to "bump" old threads, unless there is a specific benefit to the community by doing so. But in most cases, please don't post in very old threads, instead start new threads.

All BKF users agree not to attempt/use another members account. It is against BKF rules to use any account other than your own. Impersonating another member will result in an immediate ban. It is also against the rules to open more than one account in your own name without permission from a moderator or administrator. If you have been banned for any reason, it is against the rules to open another account. If you were banned temporarily and you are caught using another account you will be banned permanently. Choosing a moniker which is similar in either sound or spelling as a moderator or administrator is strictly forbidden.

All BKF users agree not to private message any moderator, admin, or other member with questions related to their personal circumstances (Questions about the forum or issues with the forum are ok). This forum only works when members share their experience and insights with everyone.

Things you agree not to post:
All BKF users agree not to post any derogatory/racist/or sexist remarks. This includes attachments, links and all information contained within posts, signatures, and avatars, failure to comply with this rule will result in a permanent ban.

All BKF users agree not to post any copyrighted or trademarked information without the express written permission of the owner(s) / proper citation of source.

All BKF users agree not to post any real names, addresses, telephone numbers, email addresses, social security numbers, or any other personal details (their own or other people's).

All BKF users agree not to post links, pictures, attachments, videos, or the like of pornographic content, objectionable material or extreme violence, whether cartoon or real.

All BKF users agree not to use BKF for advertising purposes without a written contract between yourself/company/agent and the administration of BKF. Blatant advertising will result in a ban.

All BKF users agree not to spam the forums. Spam includes but is not limited to posting erroneous, non-relevant-useless, off-topic, or meaningless posts. Spam may also include posts which contain no text, or large areas of blank space between lines. Simply posting emoticons without text is considered spam. BKF is the largest bankruptcy message board and all the content is intended to help other users. Please help us improve the quality of our forum by making sure that your posts are well-worded, spell checked, grammatically correct and syntaxed.

Regarding actions of moderators and administrators:

The forum is no place to air out your opinion or be judgmental of our staff and its capabilities.

All BKF users agree not to abuse or mistreat moderators or administrators. It is against BKF rules to post any information regarding bans or any other action taken by a member of the moderating or administrative team. If you wish to discuss bans or warnings please do so via PM. To place a complaint against a moderator, send a PM to a super moderator. All Moderators are equal, any decision made by a moderator must be adhered to. If a moderator tells you something you do not like, do not go to another moderator looking for a different answer. If you are caught doing this you will be banned. The moderators work as a team and respect the decisions made by their peers and will help enforce them unless an administrator tells them differently.
If you have an issue with how the forum is run, then notify one of our administrator and we will look into the situation. We have in the past and still do appreciate any input that you offer this forum. But critical input and/or judgmental postings towards the staff will result in you getting banned.

Should you find a thread offensive or out of line, then notify a Mod in a PM so they can evaluate the situation and do the action deemed necessary.

All moderators do have active "other" lives outside of the forum and help moderate this forum in their spare time throughout the days and weeks.

If you have a problem with a member or Mod follow the proper channels of reporting it.

BKF reserves the right to delete any posts which contain anti-BKF comments or discussion. Any bashing of moderators or administrators, or any of their discussion or actions will also be deleted, and the responsible posting party(s) will be banned. Any public anti-BKF advertising, communication, or posts on another forum will result in permanent bans as well.

All warnings and bans are decided by individual moderators and administrators. Warnings are preferable to bans however, for serious offenses and repeat abusers bans will go into effect. The length of the bans can vary from several hours to permanent.

All messages posted or sent including through PM are the property of

All BKF users agree not to advertiser on the forum (Niether by posting, private messaging or using your signature). If you are a company/attorney/legal adviser wishing to advertise on the site or sell a product, you must contact the head administrator and inquire about our advertising packages.

All bankruptcy related opinions expressed on are those of their authors and not necessarily of BKF, its staff or representatives.

You agree not to copy any material/post/content from BKF without written permission from our head administrator .

By posting on this forum you agree to these terms and conditions, including any punishment deemed appropriate by moderators or administrators in the event of an offense.

Administrators/Moderators can change these rules at any time without prior notice.
See more
See less

At what point do you stop paying the credit cards??

  • Filter
  • Time
  • Show
Clear All
new posts

  • At what point do you stop paying the credit cards??

    We've met with two attorneys so far. The first one was ok, but never returned my calls, and the second was a judgmental jerk. I've been talking with another who thinks that we might qualify for a chapter 7. Also plan on calling a few more depending how this current attorney is. (He mentioned I should definitely pay the mortgage over the credit cards....)

    We are approximately two months behind on the mortgage. We are also currently in a DMP for $928 a month. I can make the mortgage if I stop paying the credit cards. If we are contemplating bankruptcy (whether it be a 7 or 13) in the next couple months, should we just stop paying the credit cards now?? Just wanted to get advice from those who have gone through it.

    I was a couple days late on the second mortgage payment with National City, and OMG they are RELENTLESS with the phone calls and it was driving me nuts. So once I decide to stop paying the creditors, I will just have to expect it to get worse (and embarrassing if I have people over and the phone just keeps ringing, guess at that point, I'll have to unplug it???). It's hard for me to imagine NOT paying a bill. Of course, I've been late with bills, but just not paying them? That's going to be hard/weird.

  • #2
    It is weird.

    And you should stop immediately.

    Pay the mortgages of course, and remember you need to be caught up on em (at least the first, not sure how a 2nd works)if you want to keep the house and do a Ch 7.

    Use the money you save from cards to catch up.

    The card companies will begin to call. You do not have to speak with them, if you prefer not to. Certainly do not let them talk you into making further payments. Do not even agree to for the purpose of "humoring them" or getting them off the phone. Hang up on them if you must.

    Once youve retained an attorney you can give them his contact information. Once you've filed they can no longer contact you legally. Some may still do so. Give them your case number and attorney contact info.

    It's gonna be a bit nerve-wracking for a while, all those phone calls. You get used to it, really. We haven't paid in 2.5 years, so have had a LOT of phone calls.

    Good luck, and welcome!
    11-20-09-- Filed Chapter 7
    12-23-09-- 341 Meeting-Early Christmas Gift?


    • #3
      What happens if I don't qualify for a 7? With all the late fees, etc., won't my monthly payment be higher with a 13 with all that tacked on??


      • #4
        If you can't pay your mortgage, I agree, stop paying the credit cards now. What good will it do you to be up to date on your cards, but being foreclosed upon on your house.
        Stop now.


        • #5
          What state are you in Midnight?

          Different districts view this question differently. Here in Florida (and in many, even most, districts), the prevailing view is this: What matters is your level of debt, INCLUDING mortgage, on filing date. The expense of a surrendered home is included in your overall financial picture. After all, you are still obligated to pay the debt, whether you keep the home or not.

          That being said, trustees DO sometimes question this.

          I personally am going through this exact scenario. I currently have a home that requires between 5 and 6 k per month in mortgage and utilities. I am also going after a 7. I have sacrificed to the bone and my housing expenses exceed 70% of my income, so even without the mortgage, I will probably qualify once my other expenses are considered, even if they try to throw me into a 13.

          You need to go over all this with an attorney and understand more clearly what your options are.

          Also, your payment into a 13, if that's where you end up, has nothing to do with how much you owe, generally speaking. It has to do with what you can PAY, according to the formulas.

          Some people end up paying 100% of all debt. Some end up paying ONLY to get caught up on a mortgage and perhaps on a car or taxes. It is way too complex to explain or understand in one post. Please avail yourself of the search function (upper right of screen in the blue bar) to learn more.

          Many times, credit cards (the lowest rung on the ladder) get absolutely nothing in a 13 while you, the debtor, gain the benefit of catching up on the things you wish to salvage (mortgage, car, etc) and the things that cannot be forgiven anywa (taxes, of course).

          If you happen to be in Florida, PM me, as I have some serious insights into this, since I am in a nearly identical situation.

          Best wishes,

          11-20-09-- Filed Chapter 7
          12-23-09-- 341 Meeting-Early Christmas Gift?


          • #6
            Sometimes you reach that very uncomfortable situation where there are not any "good" answers.

            At this point you forget everything and everyone else and do what is best for you and your family. Do not ever forget that not a single CC company is your friend or has your best interests in mind. If you need the house for your family, then the decision is made.
            Filed 5/27/09
            341 7/2/09
            341 held
            Discharge and closed 9/4/09


            • #7
              Thanks everyone. Lots to think about. Oh, and I'm in Illinois.


              • #8
                The attorney I saw said that unsecured (CC) debt should be last on the list to get paid. I saw him for advice and he didn't think that I/we would need a BK7. Just stop paying the CC's and maybe make a deal lumpsum deal if I had the cash. they would take 15-20 cents on $1.00.

                The cards are in my name and some are personal cards from failed business to the tune of $65K all from same bank. I just got a new $3k card from another lender and pay in full every month. I think I am going to dump these other cards. That will leave about $1300 a month more. and my wife won't be affected because she has her own bank account and cards. ( she pays in full )

                A good idea is to get a new phone number, unlisted. Then don't respond to any mail. That way they can't bug you. 7 years from now they will have to drop off credit report anyway. They probably will just write you off and resell the debt.

                Learn to live on cash. Its the best way to learn how to budget. You can always get a secured card. I saved $$$ and paid cash for used cars.


                • #9
                  7 years from now they will have to drop off credit report anyway. They probably will just write you off and resell the debt.
                  What if the CC companies decide to sue you? Depending on the state, they have x number of years to do that. One then has to live with the judgements if any. Wage garnishments etc too.


                  • #10
                    If you know you are going to file Bankruptcy, Stop paying your Credit Cards. You are throwing away your money. Hopefully, that will leave enough monies to make an attempt at getting your Mortgage caught up IF you intend on keeping your home.

                    We stopped paying our CCs (except one, balance transfer Aug.) late last Sept. Need to let some income drop off from Feb. 09, so we will be filing 9/30/09 and it will be a Chapter 7.

                    Paid our Attorney $300 in Sept. (he is now fully paid) & began giving his name & phone # to the CCs when they called. We thought we would be filing in 12/08 or 1/09 so phone calls started back in March.

                    I was dx with Skin Cancer in Feb. & had surgery in late March, so was able to tell those whose phone calls I did answer we weren't filing until I got an 'All Clear' on my cancer. Even had two wish me luck with my surgery.

                    Almost lost hubby this past month as his organs were shutting down. He spent a week in the hospital and was off work most of April. Praise The Lord for Income Tax Refund.

                    I believe the Big Guy Upstairs has been looking out for Hubby and I!
                    However, will be glad when at least the 1st of Sept. gets here & I can get info to Attorney.



                    • #11
                      Stop paying them now and save your money, fix your car, buy clothes for your kids and pay your mortgage.

                      I had the same problem when I stopped paying in March. I had to throw the payment stubs away because I was terrified of not paying my cc's. At the same time I was late on my mortgage and paying late fees of around $250 plus overnight mail postage. The only reason my mortgage is late is because like cat when it hears the can opener I was conditioned to pay no matter what. Always worried about my credit score and what I wouldn't be able to do in the future. When I approached my wife about BK her biggest concern was how would we borrow 100k for my daughter's college.

                      If the credit crunch hadn't arrived I probably could have played for many more years. Done a few more refi's and balance transfers. The hardest part of this has been coming to terms with the fact that I have lived beyond my means for many years and the weight has become to great.

                      I have about 120k CC. 68K with Bofa. Yes they will call: so what. My daughter is 8 and we have caller ID "someone named Card Services daddy". Turn off the phone when company comes over. They call everyday all the time, it's just a machine. I call each one once a week and tell them the same story." significant reduction of income, paying my mortgage and utilities, no I don't know when I will be making a payment". That usually buys a day of peace. Although now that I'm headed towards 90 days I expect them to try harder.
                      Best of luck to you and your family.


                      • #12
                        I agree, stop paying the credit cards now if you are planning on filing BK. My attorney advised it at our first consult and he said to make sure that I paid my mortgage, HELOC, and student loans on time.

                        It's very hard to not make payments when you have been struggling for years to try to keep current. But I think of it this way: Many cards I had for MANY years. Most of them have received more in interest from me over that time than what I owe to them now. And once you start to get the calls and see how they try whatever means possible to get money from you, I now feel like I made deals with the devil all of these years and I don't feel sorry for them any longer.
                        CH13 filed 5/21/09; 341 6/17/09; confirmed 7/14/09]
                        Discharged: 7/25/12


                        Unconfigured Ad Widget