Bankruptcy Law Questions? Ask a Bankruptcy Lawyer Now.
the attorney is correct, you should try to get a lease or or purchase a car with large financing now, it is not a fraud, if you are using the credit cards debts for non luxury goods you can file ASAP, but it is better to wait atleast 90 days to file, as if you stop paying your bills now, they would not be able to collect for some time. If she does lose her job, you may be able to file a chapter 7 which would be better.
Bankruptcy Code Section 523 addresses this situation. Section 523(a)(2) provides that:
consumer debts owed to a single creditor and aggregating more than $500 for luxury goods or services incurred by an individual debtor on or within 90 days before the order for relief under this title are presumed to be nondischargeable; and
she should resign so she does not have a bad employment history,m but she cannot file immediatley the court will want to see the last 6 month average salary for the means test, she would have to wait atleast 3-6 months to file after the firing to get the income lower. In Ca, it could take 9-12 months for the bank to actually begin evictio procedures, first if you have been current on your bills and stop paying them now, in three four months will these creditors start trying to collect, and then they have to sue you first which takes time.
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