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

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Filing ch 7

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  • Filing ch 7

    Well my husband is out of work and we were already dealing with a significant income change prior to that so we will be officially filing this week. My concern is that I have no choice but to charge electric bill to avoid default. My question is I know the credit card is a no no but what do you do when there is no other way!!! As well if we file this week and expect 341 in about 6 weeks or so when can I attempt to pick up more shifts at work we are just down to nothing, as well what happens if he lands work prior to that?

  • #2
    It's a tough spot and I've personally been there. Life happens.

    If you are filing this week, you could include the electric company and the past due bill. There is one downside in that the electric company will create a new account and could demand a deposit for the new service (which must be paid within 20 days of filing). This is known as "adequate protection" for the electric company.

    I can tell you that I did pay my electric just days before filing and my check bounced. Actually, several checks bounced and my checking was negative (over $1,000 in the negative). I included that account and the bank just filed a claim but did not pursue the charges as non-dischargeable. I can't tell you to go ahead and charge for the electricity without the intention to pay, but if you intend to pay the bill, it's okay. I really didn't understand Chapter 13 as well as I should have when I filed. I had actually charged gasoline and some other purchases weeks (and maybe days) before filing with the full intention of paying them. In fact, I did pay some of the credit cards after I filed. That stopped after the cards closed my online access and then I realized that I could not longer make payments. Ce la vie.
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    I am not an attorney. Any advice provided is not legal advice.


    • #3
      Justbroke with that being said was there penalties with the bank? Did they close your account? I am just unsure what to do, I am going to have to charge and see what happens since I know right away I won't be able to pay deposit to electric company that may be needed. Were you mandated to pay charges back per trustee? As well when did you feel like you could breath again because this seems like one of the worst things to happen right now!!


      • #4
        My checking account was closed. All but two of my credit card accounts were closed (one that remained open was Jared but I had a $0 balance at the time). The bank where my checking was kept filed a claim for the overdraft amount (I included them in the bankruptcy). My other credit cards were included as well (except the two with $0 balances) and most of them filed claims. I was in a Chapter 13 where I didn't pay back much to unsecured creditors. At the peak of my Chapter 7, I was paying over $7,000 a month to the Trustee. My case was converted to a Chapter 7 and all the unsecured debt was discharged. There were no creditors that filed to make any of the debt non-discharbeable.

        I felt like I could breath the second I walked out onto the street from the U.S. Courthouse. I keep telling people that I was grinning from ear to ear, a pep in my step, and the air actually smelled better. That didn't stop the fact that I had less than $20 in my pocket, and no way to get home. I had no cell phone (because they weren't allowed in the building so I left it home). I was dropped off near the courthouse. I used that $11 to get a taxi as close to my house as possible as I lived 18 miles from the courthouse. I didn't even have enough to make a phone call, or a credit card to charge with which to charge a phone call. I had to make a collect call from a hotel about 8 miles from my house to get someone to come pick me up. Yes, it was that bad, but I felt so good.

        There may be ups and downs after filing, but I can tell you that the nearly incessant ringing of my home and cellular phones both ceased within 72 hours of filing. It was nice not avoiding calls and being able to pick up the phone regardless of what the caller ID displayed!

        Relief is coming. You'll see.
        Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
        Status: (Auto) Discharged and Closed! 5/10
        Visit My BKForum Blog: justbroke's Blog

        I am not an attorney. Any advice provided is not legal advice.


        • special111
          special111 commented
          Editing a comment
          Thank you so much for sharing your story!! I look forward to the day of relief just scared overall.

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