Re: Bankruptcy FAQs[ Edited ]
12-05-2009 11:34 AM - edited 12-05-2009 11:40 AM
...I was on time and not late. So they had to make me late in order to do this bankruptcy...
No, they didn't! Technically, I suppose, a person entirely able to pay his single debt COULD file bankruptcy (though it surely wouldn't be smart). It's up to YOU, not your attorney! There is no law/rule that says a filer MUST be behind on his payments in order to file. I wasn't -- in fact, my accounts all had been closed while current for almost a year -- but my credit-counseling, debt-management plan (which was formulated before I became delinquent to ANY creditor) obviously was no longer sustainable. I paid my payment one month (which was distributed to creditors on time), and filed before the next payment was due so I didn't have to pay it. My filing date was PRIOR TO my next payment-due date -- so I was then current (though I hadn't had any discretionary money for several months)! And, it benefited me post-discharge: because I had no 'lates' reporting, the BK public record was my only FICO ding, and so my scores never tanked. I closed a mortgage just 55 days post-bankruptcy.