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90 days before filing

Submitted by on Wed, 06/25/2008 - 23:09
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i read that if you paid any of your creditors 90 days before filing that your case would be dismissed! Is that true? I have been trying to pay through a debt consolidation company and also through a settlement agreement, which I cannot afford to do anymore, can I still file?


This is where I found that info, it was on totalbankruptcy.com

if you pay back any of your creditors, even one who is not a relative or close business associate ("insider"), at any time within the 90-day period prior to the filing of your bankruptcy case, the payment is an unlawful preference and the court may recover all such payments and distribute them to your other creditors


Submitted by on Thu, 06/26/2008 - 17:46

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I know what you're saying because I'm in the same boat. My husband and I will probably be filing Chapter 7 soon also. I did pay off one creditor that I have a very small balance with because that was the easiest one to cross off the list.

Here's a place where you can read more about it:
www(dot)kjrh.com/guides/legal/story.aspx?content_id=35b24026-db20-42f5-847a-8fccff7193d9

I can't do it as an active link per forum rules, so replace the "(dot)" with a "."


Submitted by alias1958 on Thu, 06/26/2008 - 22:01

alias1958

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I would like to file soon, I had a consulation with a lawyer, his fee is 1500, I cannot afford that, I went to see if I can get legal aid, which I thought I could since I don't make much, but I can't get that either because they go by household income, and the person that I live with makes a lot more than me, so I was denied the free legal help. I don't want to make a mistake in filing myself and then having it denied and losing more money


Submitted by on Thu, 06/26/2008 - 22:19

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$1500 seems to be about the average price from the several that I called (some were as much as $2000). I know that some do advertise that they will make payment arrangements, but I did read a post on the forum that said the attorney will not actually file the BK until his fee has been paid in full. I'm not sure if that is true for all of them or not.


Submitted by alias1958 on Thu, 06/26/2008 - 22:22

alias1958

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We had to pay our lawyer before we could file as well, the lawyer told us that it is actually illegal for him to file unless his fees have been paid. Apparently the file will not be accepted unless the lawyer has been paid.


Submitted by on Sat, 06/28/2008 - 07:39

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Here in South Fla, our attorney took $250 to start the case and the total including courts costs was about $1900. We pay him monthly (no interest), once we make the final payment that is when we take the CC course and can file. So $1500 sounds about average.


Submitted by girlndebt on Sun, 06/29/2008 - 12:07

girlndebt

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