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Steeda

Hello,
I am a married mother of 3. I am filing for chapter 7 on myself only. I have a few credit cards that are maxed out in my name only and I have hospital bills that are in my name . Will it affect my husband if I file? I had a free initial appointment today she gave me 2 options filing chapter 7 or 13? Not sure on what to do. Everything is in my husbands name our cars, but our house is in both he is the primary on both mortgages. We want to keep paying on the mortgage and the car payments . I have not worked in 8 1/2 years and having a hard time finding a job . I have 1 credit card that i have not used for a while can i take a cash advance and use the money to get our kids clothes,food,and fill up our cars and then file? Will I have to pay that back? My husband does not make that much anymore and we are just barely getting by. Times are really hard and I am ashamed to do this but I feel I have no choice.. Any suggestions or helpful information would be great.
I have over 28,000.00 in debt

Posted: Thu Oct 02, 2008 6:55 pm Subject:

I do know for a fact that any new charges charged on a credit card right before filing a bankruptcy may not be able to be discharged for the fact that the creditor can file an objection for a discharge arguing that you recently made the purchases knowing you were gonna file a BK. I'm not saying that your credit card company would do that, but they possibly could. The BK trustee would be the one who makes the decision on any objections that may be filed.

Posted: Thu Oct 02, 2008 7:15 pm Subject:

If you are filing by yourself and you do not have an income, then I'm not sure why she gave you the option of Chapter 13. My understanding of Chapter 13 is that you have to have a regular source of income because you will be making payments to your creditors through the BK trustee for the next three to five years.

As for using your cards before you file, the Bankruptcy Code provides that any credit card debt totaling more than $500.00 from any single creditor for nonessential, “luxury” goods incurred within 90 days prior to filing the bankruptcy, or cash advances totaling over $750.00 on a credit card, taken within 70 days prior to filing, are presumed to be nondischargeable. Food, clothing, and gas are generally not considered to be luxury goods, but I definitely wouldn't take a cash advance to buy them. I think that most attorneys advise you not to use the cards at all during that 90 day period.

Guest · Posted: Sat Oct 04, 2008 8:32 pm Subject:

I just did a big cash advance and balance transfer. My atty recommended that I wait 5 months before filing ch 7. He didn't want to risk them being disputed. Anyone else have this happen?

toodles1 · Posted: Mon Oct 06, 2008 1:27 pm Subject: In reply

Yep..My attorney told me the same

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I am about to file for Chapter 7 within the next 50 days but.....

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