@sarge12 wrote:
@DoogieBall wrote:
@Anonymous wrote:
I've decided that I have to file for BK7 as I'm sinking in debt and in NC I am already exempt from the means test. I learned a lesson and I just want to rebuild.
I have a perfect payment history over the past 5 years and I need to gather up the cash to retain a bankruptcy lawyer. But in order for me to do that I'd have to go delinquent on my accounts.
Is there a way to file or start the process without paying attorney fees up front so that the payments stop and I don't get the derogatory/delinqunet marks?
Does it even matter?I was up to date on one credit card and only had about $100 balance. My lawyer told me to stop paying them. Although he didn't literally say it, I was under the impression to keep using them until the BK was filed and the CC companies were notified. Which I did.
It might have been a d*ck thing to do, but i managed to get a laptop and a new guitar and amp before the card was rendered useless.
It might have been a fraudulant thing to do. My attorney indicated that using the cards after deciding to file would be grounds for dismissal or worse. In fact the attorney took possession of my cards and cut them up in my pesence that day and signed a notarized statement of doing so along with my signature and retaining fee. This was many years ago.
Not a good move to make but it is not fraud.
@Jnbmom wrote:I am confused .
I mean if you talked with an attorney and decided you are going to file BK, then go out and charge things you have no intention of paying not considered some level of fraud?
Not trying to be difficult , just trying to understand?
They have to pass a certain amount to actually be considered fraud, I.E. extravagant things like high priced jewelry, large cash advances, etc.
@Jnbmom wrote:I am confused .
I mean if you talked with an attorney and decided you are going to file BK, then go out and charge things you have no intention of paying not considered some level of fraud?
Not trying to be difficult , just trying to understand?
That was me. After my initial consultation I had put a deposit (or retainer or whatever it's called), and he had suggested to stop paying down the cards. After a couple months, I was uncertain if I was going to go through with the BK. Took a while to come up with the rest of the fees. Even 8 weeks later I was still paying down cards until I had enough to pay the remainder of the attorney fees.
So yeah, I was still using cards. It's just how everything timed.
