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  1. #1
    Join Date
    Nov 2011
    Posts
    9

    Default Bankruptcy and Debt Money in Account

    My question involves bankruptcy in the state of: Oregon
    My husband and i are in the process of filing a chapter 7 but i have concerns. My attorney said to stop paying the creditors now even though she can't file for 2 months because of the 60 day rule of no charging ( which we did because we live on the cards after the payments are all made there is no money left). I was told there can't be more then $800 in the account at time of filing. There will of course be more then that because we are no longer paying the credit cards or hospital.
    What are we suppose to do about the money? Can the judge deny our bankruptcy because of that?

    Also, I am so afraid of losing my home though we have never been late on any payments and there is no equity in the house.

    Thank you for your time.

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    64,913

    Default Re: Bankruptcy and Debt Money in Account

    I expect that your lawyer is concerned about preference issues, as you apparently do not have the resources to pay all of your bills and thus would be giving preference to select creditors over others.

    The means test for Chapter 7 bankruptcy is described here - it looks at income and expenses. Are you talking to somebody other than your lawyer?

  3. #3
    Join Date
    Nov 2011
    Posts
    9

    Default Re: Bankruptcy and Debt Money in Account

    We did the means test and qualify. I have spoken to friends about the bankruptcy and my attorney but that's all. Oh and I called one of those debt management companies but learned they are a bit of a scam.
    She did mention about preference.

  4. #4
    Join Date
    Jan 2010
    Location
    North East
    Posts
    1,604

    Default Re: Bankruptcy and Debt Money in Account

    Take the money from the bills that your no longer paying and buy food. You can also fix up all the little things on your vehicle and home that have been bugging you.
    I'm not a lawyer, but I did stay at a Holiday Inn Express last night.......

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