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So I've ran into a big financial hardship. We are now down to one income and my income was the one covering all the credit card payments. I'm filing for bankruptcy once I get my refund back (which isn't much at that). Should I stop paying my credit card bills now or wait until after it's filed? I've never missed a payment, but things are getting pretty tight.
While, really an attorney would be best to answer...here is my advice (which is not to be interpreted as legal advice as I am not a lawyer).
Depending on what chapter you file, there are limits as to how much you can pay a lender before you file, before the trustee sees it as preferential treatment (believe it is over $600 in 90 days) and requires that money back to be distributed when you file. What we did in my case, is I paid the bare minimum in payments until we retained our attorney. Once we paid him the 1st of four payments, I stopped paying (and used that money to pay for my attorney). We went three months from retaining to filing, so, I was outside of the 90 day "preferential" treatment claus the BK law has.
Looking back on it, if I could, I would have continued to pay the minimums until I filed, this way it would have avoided the 30/60/90 day lates on my CR (never had ANY of that until I retained my attorney) if I was legally allowed to.
Have you met with any attorneys in your area? Many offer free BK consultations. Plus side if you stop paying AFTER you retain... you give the creditors the name/number of your attorney when they call and they won't call you attempting to collect anymore.
Good luck!
Thank you. I am going to file my taxes tonight. Once I get my refund back I am using that to retain my attorney. The crappy thing is, I work for a credit card company (I work in collections). So I feel terrible and embarassed for having to do this. But there really is no other way to maintain our living expenses. I have a lot of medical bills that came up for myself and my son also that I have to include in it. I've just been paying the minimum payments so far just to keep them from calling or going 30 days late.
Also note, I am filing for Chapter 7.
Do keep in mind that your refund could become an asset that your trustee may want...depending on your total case (whether it is an asset or no asset)
I'm only getting maybe $2k back. I was going to use $1450 to retain the attorney and the rest to pay rent this coming up month, electric, etc.
I'd meet with a few attorneys and see what they say about that.