My bankruptcy discharged in feb 2004. I need to file again but can't for 6 more months. Can I stop paying my credit cards now?

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I only owe on credit cards

Attorney Answers

6
Geoffrey Khotim 75568.Html ·
You can file another bankruptcy eight years after the prior one was filed, so you can file now. As to making credit card payments, unless you incurred large amounts of debt on the cards within the last 6 months or so, I would have you stop paying. Why throw away money if you don't have to.
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Ted Troutman ·
If your case discharged February 2004 it has been more than 8 years since you filed the prior chapter 7 and therefore you could file now if there weren't any other isssues. SInce you say you have to wait I am assuming you have other issues like you paid back an insider in the last 6 months. Usually if you stop paying credit cards it take more than 6 months before they bring suit. There is however no guaranty they will not sue you sooner.
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Dorothy Bunce ·
Life is a gamble, and if you were to stop paying your credit cards now, the creditors could sue you within a month or so. Although you could stall the litigation by responding to these lawsuits, it would be irresponsible for anyone to offer you a guarantee that stopping payment on your credit cards would have repercussions to you. Do you feel lucky? Hope this perspective helps!
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Douglas Garth EdmundsContracts / Agreements LawyerGilbert, AZAZ licensed ·
I agree with the various advise already given. Please remember that the bankruptcy law has changed since your last filing, so the process will not be exactly the same. While you likely can stop paying now, the right answer is to get a free consultation with an attorney and verify all the new rules.
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Diane Drain ·
Most likely, but also stop charging on them. Please understand that filing for bankruptcy now is much more complicated than in 2004. Therefore, it is wise to talk to an experienced bankruptcy attorney before deciding to take this important step. Most Arizona bankruptcy attorneys offer a free consultation about the basics of bankruptcy. I am attaching a link to some free videos that explain how bankruptcy works. http://www.dianedrain.com/Bankruptcy/BankruptcyQuestionnaires/BKQuestionnaireInd.htm. There is no cost for the initial discussion. Please take time to educate yourself about bankruptcy and to determine which attorney is the best to assist you in the process. Don't assume the attorney is being completely honest about their experience and capabilities. Check them out. Avoid the attorneys who advertise on TV or profess a 100% success rate in their Internet ads. It costs hundreds or thousands of dollars for these ads and someone has to pay for them - the clients. These attorneys mass produce the work and do not offer the client the hands on assistance that is necessary in a well-planned bankruptcy. Normally these firms assign all or most of the work to paralegals and the client rarely talks to an attorney. When interviewing the attorney ask them how long they have practiced bankruptcy law. Ask what percentage of their practice is focused on consumer work. Ask whether they are experienced in both chapter 7 and chapter 13 cases.. Ask the attorney for references. Ask about their policy of returning phone calls. They should be committed to answering specific questions about your situation and help you understand your options. If, after talking with them you are still confused about the issues you raised, find another attorney. Check them out with the various ranking sources: such as www..com, and the State Bar. An attorney is should be your guide through this process. They should educate you, be there to assist you in how to avoid pitfalls and help you plan for your future after bankruptcy. There are hundreds of "bankruptcy" attorneys in Arizona. Of those just a few will fit the criteria set forth above. Again, bankruptcy is a very complicated process and you want to use an attorney who will be there when you need them. My best to you. [cid:[email protected]] Diane L. Drain, Counselor and Attorney-at-Law One East Camelback Road, Suite 550 Phoenix, Arizona 85012 (VOICE: 602.246.7106) (FAX: 602.249.1969) web: www.DianeDrain.com e-mail: [email protected] "You must be the change you want to see in the world" I am very proud to say that our law firm is in business to help people and small companies (creditors and debtors alike) obtain the protection of the bankruptcy laws and navigate the extremely complicated process of bankruptcy. We are a debt relief agency. CONFIDENTIALITY NOTICE: This e-mail message is intended only for the person or entity to which it is addressed and may contain confidential and/or privileged material. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. If you are the intended recipient but do not wish to receive communications through this medium, please so advise the sender immediately. Please be further advised that the unauthorized interception or retrieval of e-mail may be a criminal violation of the Electronic Communications Privacy Act. Internal Revenue Service Circular 230 Disclosure: As provided for in Treasury regulations, advice (if any) relating to federal taxes that is contained in this communication (including attachments) is not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recomme
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