Re: help!!!!!!!!!!!!!!!!

Posted by Keyser Soze (64.12.96.78) on January 05, 2004 at 21:55:41:

In Reply to: help!!!!!!!!!!!!!!!! posted by hopeless and depressed on January 05, 2004 at 18:04:34:

Don't beat yourself up. You cannot advance by kicking yourself in the derriere. Your story is not at all uncommon. Credit card companies sent you cards, you ran them up. They plan for these eventualities and set their 'low' interest rates to cover losses.
You need to speak with a BK attorney and also an asset protection lawyer. You may want to wait before filing bankruptcy. Creditors don't want your home, they want cash. Credit card companies challenge BK's filed shortly after default. You mention cash advances and charging one card to pay another. Credit card companies might get nasty and call this 'kiting', alleging fraud in hope of getting the BK denied, or to humiliate and frighten you into settling.
Don't. Your attorney needs to be familiar with such arcane concepts as "Dougherty Factors" to preclude mischief by OC's and CA's. Run "Dougherty Factors" through search engines, you'll find a court case from 1986 or so and decisions by the 9th Circuit Court of appeals.
Simply put, "Dougherty Factors" are used to determine if you actually intended to take unfair advantage of the OC's by running up charges. There are several 'factors' used to evaluate patterns of charging and payment activity. You describe a benign circumstance in which you charged one card to another hoping to keep creditors happy and eventually paid up. Sounds like expenses charged were ordinary as opposed to gambling junkets to Thailand, all criteria addressed by the 9th Court decision.
Dougherty Factors are used to defend persons such as you when cards are charged in this manner prior to BK and as well to prosecute - civilly - those who take cash advances to fund a gambling or drug habit. You may not be liable for your husband's debts, sharp lawyer will best guide you.
If you are depressed, and how could you not be, then please put all on record with your physician ASAP. Medical evidence counts heavily and trumps the greedy bleating of even the most satin-tongued banker-poofters. You acted in good faith as an 'unsophisticated person' - as described by Dougherty Factors - to rectify a problem to the best of your ability. Your husband's death left you traumatized, many a physician could render an opinion you were of impaired judgement when you accrued more debt.
We are here for you, amazing how pig-plop banker/collection scumbag crowd assigns moral guilt to credit card debtors when the entire system runs on staggeringly large permanent debt.
One person who contacted this unworthy scribe tells of an individual described as 'an appetite with two legs, a tight fitting skirt, and a laquer job hairstyle' just promoted to executive level at a large bank. Said person, their talents in banking notwithstanding, is considered complicit in fleecing an elderly person out of a large estate. A patient death or two is involved as well as permanent destruction to the health of a disabled person. To be sure, a crooked scumbag lawyer is mixed up with these ethical mutants, the bank exec adds a veneer of respectability to cover the stench of this gang. Nice crowd. Weep not for them, worry not what they think of you. Their gleaming robes conceal a multitude of verminous cruelty worked against those least able to defend themselves, for which they will one day be required to make restitution. With Damages.
Stay in touch, we are on your side.

Damagingly,

Keyser Soze

"People don't always tell you what they're thinking. They just see to in you don't advance in life."
- H. Lecter, M.D., c. 2001, Thomas Harris,
"Hannibal"

Follow Ups:

Post a Followup