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Subject:  Re: To all you moralists out there . . . Date:  11/21/2011  9:18 AM
Author:  NoIDAtAll Number:  303661 of 312945

You missed helping the OP justify away the fact that she is defaulting in her original obligations that were in place prior to the obligation that she is choosing to not default on.

I still say she is committing fraud because of that.


A court *might* look at it that way as well. One of the questions asked of me by my bankruptcy attorney was how long it had been since I had charged something. She told me that, if it had been less than 6 months, she would need to postpone filing. She also advised me that I shouldn't incur any new debt until after, at least, the Chapter 13 is discharged. She said that she *might* be able to get an exception on a car or home loan, but that she would need to make a request, first.

I get offers for "pre-qulified" credit cards, mostly from HBSC, all the time, now - at least once a week, sometimes 2 or 3... what a waste of paper and postage.

Chase kind of gave me a wake up call, when they increased my minimum monthly payment to 5% of the outstanding balance. I kept up with the payments as long as I could, but found that I couldn't continue to do so, w/o borrowing from other lenders, which pretty much would have amounted to robbing Peter to pay Paul. Chase was also one of the banks that offered me a settlement when my loan repayments went delinquent - I think the settlement they offered was 50%, IIRC. If I had the funds, I probably would have taken it. Citibank also offered a settlement, after I retained an attorney and she sent notices of representation, shortly before the petition was filed. I think their offer was 20 cents on the dollar. I would gladly have accepted their offer, if I could have and gotten other creditors to agree to similar terms... I could foresee the possibility of running into some issues favoring one creditor with a settlement and filing against the rest - I dunno if that is, in fact, the case, but I could foresee the possibility of other creditors protesting to the court my paying a better one-time settlement to one or some lenders than they would get, over time, under the Chapter 13. My attorney advised me, "'They' always do that after we send out the notices."
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