I have same BK Ch. 7 problem LEGAL ADVICE PLEASE!?

Question

OMG Some1 made post that was exactly my problem but no really helpful answers, how would you solve this:


BK Chapter 7 no-assets legal help please!!!!!?
If the courts go back 3 months on one of my credit cards they will see I incurred $500 a month in eating out costs. I heard that if you spend more than $500 on luxuries during those three months, the BK won't go through, is this true?

Background info: I have been mentally disabled with OCD, bipolar, and binge eating disorder and have been living on SSI for the past 7 years. Since I haven't been able to pay my share of rent to my boyfriend/roommate, he said I could pay it when I get a job but asked I buy all groceries and make meals.
*Since my depression and anxiety, I have trouble sleeping and wake up late. When he gets home, he has to often go to band practice or some other music related event and wants something to eat, so I usually end up charging food.

My dr. is now prescribing me schizophrenia medicine for the flat symptoms of SZ known as avolition, inability to maintain goal-directed activities. *I end making lists for hours (OCD) and can't carry out.

Do I file now or 3 mo.when I don't have what they may consider luxury eating? I have been able to keep up with my credit card minimums up until today. But now my card is pretty much maxed out, even if i stop the luxury spending, I still can't pay rent or afford all the groceries.

Do I just stop paying my credit cards and file BK Chapter 7 with no assets or still not pay rent to my roomate but pay cards? My not paying rent has now caused him to run into problems paying his credit cards.

PLEASE ADVISE
THANKS!!!!!


P.S. I owe 9g on a AAA credit card and 3.5g on a Sears Credit Card. I also owe 3.5g on a Guitar Center card I let my b/f use b/c I couldn't pay rent and b/c I couldn't pay my share of rent he is having trouble paying this one and his cards (he isn't filing though, he just

stopped paying his other ones and if I don't start paying my share of rent said he is going to stop paying this one).

I also owe 26g in student loans I am trying to get discharged through chapter 7 because paying them would cause undue hardship. Even if the credit cards are discharged, my SSI and food stamps won't be enough to cover rent, utility share and groceries, etc. I am in 2nd forbearance on student loans (Stafford Direct Loans).

Answer 1

There is no debtor's prison, you don't have to worry about jail.

Answer 2

Ok really, I would pay my rent. That first off, and then talk to your BK lawyer, your giving him 2000. Ask him for a financial guardian to be set up and get your doc to give you some medical background to back up your status. You have every right to get some help here since you have a major medical problem. Do you have a church? Some one there may volunteer to be your fiancial guardian and help you understand your affairs, or a social worker also under adult protection services. Find out the info and do pay rent and at least buy a frozen dinners, and milk and fresh fruit, peanut butter jelly and bread.

Answer 3

Credit cards, especially recent charges are very difficult to discharge. I am serious in about what I am about to say. You might be better off being declared mentally incompetent and having a court apoointed admistrator handle your finances. That should pretty much absolve you of previous debts and more importantly keep you from more. You will be given a budget to live on. Restricting you from buying whims and eating out.

Answer 4

You better do something. As time runs out, you may be in big trouble and you will no longer have to worry about rent, it will be provided along with meals in jail. Believe me, you are not alone. Go talk to your doctor and talk to creditors and mabe the courts before they are going to want to talk to you.

Answer 5

Pay your bills like I did.

Answer 6

Sorry can't help... we're both in deadends.