Filing chapter 7...

Visitor (not verified)
anonymous user
Registered: 12-31-1969
Filing chapter 7...
8
Sun, 09-23-2012 - 7:14pm

Need advice please...I have decided to file chapter 7 only problem is I recently bought 2 new cell phones for my wife and son and can no longer afford the payments.   Now that I am filing, will I be able to break the 2 year contracts and discharge the early termination fees? I have been making payments for 3 months now...

 

iVillage Member
Registered: 08-24-2006
Mon, 09-24-2012 - 12:33am
I'd ask your lawyer, but in general as long as the fees are incurred before the filing date they will be discharged. I had surgery a week before I filed and it was very much on purpose.
Community Leader
Registered: 07-26-1999
Mon, 09-24-2012 - 10:57am
It will depend, like age of aquarius stated, check with your lawyer. They do usually advise not to take out any new debt, credit cards, etc. within the first 3 months, possibly 6 months, of filing because depending on what it is, it can possibly look like you are purposely trying to defraud them, and in certain venues, that can exempt you from that portion being discharged, or if you lent money or gave money away, the trustee can look to get it back from those people. It will all depend on the laws in your state that you are filing in.
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iVillage Member
Registered: 08-24-2006
Mon, 09-24-2012 - 11:49am
The only things that wouldn't be dischargeable if taken out within three months of your filing date are cash advances and certain luxury goods and services. Your lawyer will know whether or not you will be in the clear, but surgery should certainly not be an issue.
iVillage Member
Registered: 09-29-2000
Thu, 09-27-2012 - 3:30pm

I am a lurker but wanted to throw my  2 cents in. As far as the braces go I would be really careful. Having braces is usually atleast a 1 1/2-2 year ordeal. If you don't pay for the braces I can see the orthodontist not finishing with the treatment.

Hope everything goes smoothly for you!

 

Donna

 

 

iVillage Member
Registered: 09-29-2000
Thu, 09-27-2012 - 3:31pm

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iVillage Member
Registered: 08-24-2006
Thu, 09-27-2012 - 3:36pm
I was thinking that as well. You will probably have to eitber reaffirm the debt for the orthodondist or find another one who is willing to complete the treatment.