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Question

I am from New Orleans, LA. Due to Hurricane Katrina, in the fall of 2006, I hired a bankruptcy atty, at which time they told me to stop paying on my credit cards (my only debtors - no student loans, no hospital bills). Nine months later, nothing had been done. At that point, I needed the cash back; I recuped only a portion of what I'd paid them. It has now been 3 years since I made payments on these credit cards. My income has been less than $30k since 2005, (last year being under $10k) and I want to know if should (re)proceed with bankruptcy, or let a "charge off" happen in due course, since it has already been 3 years. Please advise. I am prepared to move forward with bankruptcy proceedings, if necessary, but I now have a better job (2009 should be about $30K - next year, the contract runs thru June - so another $25K, but annually, the salary is $50k) and I dont know if that makes bankruptcy a non-option. Thank you.

Submitted: 33 days and 3 hours ago.
Category: Legal
Value: $38
Status: CLOSED
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State/Country relating to Question: Louisiana

Posted by DCrane 33 days and 3 hours ago.

Answer

you should consider the bankruptcy because with the charge-offs the creditors can still seek to come after you for the sums owed via default judgments where they would seek to garnish your wages.

33 days and 3 hours ago.

Reply

Isnt there a cap on income, in order to claim bankrptcy at all?

Posted by DCrane 33 days and 3 hours ago.

Answer

no there is not a cap that would impede your filing.

33 days and 3 hours ago.

Reply

Gosh! I hope youre right! 30K was the cap back in 2006. thank you for your help! I'll go ahead and "accept"/sent payment. have a great day!

Accepted Answer

thank you, best of luck.

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Expert: DCrane
Pos. Feedback: 98.7 %
Accepts: 
Answered: 10/20/2009

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Negotiate, Draft, and Review many complex commercial agreements each year.

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