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Asked 10/2/2009

Credit card default

I reside in Florida and have basically been broke for the past year (other than necessity payments). I have an accumulated credit card debt of @$30,000 between 6 or 7 cards.Have consulted a bankruptcy attorney about filing Chapter 7. My biggest problem there is the $1850 she says must be paid in full before she can begin any proceedings whatsoever on my part,as she says that she cannot be one of my creditors at the time of the official filing. I have made no credit card payments for @ 4 months now. My question is what is the absolute worst senario that I can incur if I just continue to not make the payments (not that I have a choice at the present time anyway)?--Thanx--Wade Bower

 
 
 
 
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Answer 1/2 - Submitted 10/3/2009

Althought federal bankruptcy laws allow you to pay your attorney off during the proceedings must firms want their money up front, which they are allowed to do. Your best bet is to pay the lawyer as soon as possible because card companies can attach your wages, bank accounts, etc before your attorney files and gets a number. Once you have that number you can call everyone you owe money to, give them that number and the calls and any legal action will cease. If they attach your bank accounts or other tangible property, you may still lose if you don't get that number. Course of action - beg, borrow or earn that $1850 and pay the attorney as soon as possible.

 
 

Answer 2/2 - Submitted 10/4/2009

You cannot pay your atty fater you file chapter 7, so they cannot accept payments ( the atty debt would have to be listed as an unsecured debt and discharged along with the rest of the unsecured debt)
In chapter 13, you can include your atty fees in your monthly payment ( ia m surprised she didn't tell you this)
Her fee is exhorbinant for a chapter 7 filing of credit cards unless you have a lot of other secured debt ( or ?)
usually it is 1k maximum 1,500; many atty will allow you to pay half when you first meet ( and that will help with the creditors buggin you, and the other half at time of filing.

Legal aid and some other non profits DO handle bankruptcies if you qualify.

check ww.lsc.gov for an office nearest you and then google "free legal aid (your city state) " and see who is helping low income with BK

 
 
 
 
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