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recent charges close to BK?

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    recent charges close to BK?

    is it a bad idea to file if one has recent charges?

    i charged 50 on one car a few weeks ago

    and 190 on another card about a month ago

    other than that I havent had an charges since semptember (i think)


    i have been reading the boards and it says no charges 90 days before filing

    thanks

    #2
    We did not realize we were going to have to file bankruptcy until November 27 of 2006. We have a pretty heavy deadline becuase of money coming in the form of bonuses in February and March. Consequently, we won't have 90 days between our last CC charges and our filing date. When I spoke to the lawyer he said that we should be prepared to pay for the charges incurred within the 90 day period. So we're going to file as close to 90 days as possible, all the while taking responsibility for charges that are less than 90 days old. It's not very much, maybe $100-$150. I would check with your lawyer.
    Lisa C.
    Filing BK due to business insolvency.

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      #3
      The amounts must be over $600 in the prior 90 days for any one credit card, and $750 in the prior 70 days for cash advances to give rise to a presumption of fraud. Thus, if you are under those amounts and time frames, you need not worry about small, recent charges.

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        #4
        Originally posted by HHM View Post
        The amounts must be over $600 in the prior 90 days for any one credit card, and $750 in the prior 70 days for cash advances to give rise to a presumption of fraud. Thus, if you are under those amounts and time frames, you need not worry about small, recent charges.

        Well this explains why the lawyer was so laissez-faire about the charges when I told him how much they were! This is good to know.
        Lisa C.
        Filing BK due to business insolvency.

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          #5
          It is none of my business. But bumpy has no asset, is on SSDI. Bumpy is judgement proof. Bumpy is in a state that allow federal exemption. Thus, if and when Bumpy inherits a lumpsum of money, Bumpy can use the wildcard exemption to protect up to $10,000. Until then, there is no reason to file.

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            #6
            hi spartan, you just told me on another thread i could not get a federal exemption, in VA.

            what i found online supports that.

            my number one reason for filing BK is to get creditors off my back, permanently and have some peace of mind. i have schizophrenia and dpression in addition to phsical illness and the entire situation is making very close to losing it.

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              #7
              Originally posted by HHM View Post
              The amounts must be over $600 in the prior 90 days for any one credit card, and $750 in the prior 70 days for cash advances to give rise to a presumption of fraud. Thus, if you are under those amounts and time frames, you need not worry about small, recent charges.
              The amount for credit cards is actually $500 in the 90 days before filing for "luxury goods and services".
              DISCLAIMER: I am not an attorney. My posts are not legal advice. They are for information only. Please feel free to use them in an academic sense, as I simply wish to share with you what I have learned/researched.

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                #8
                Originally posted by bumpy View Post
                hi spartan, you just told me on another thread i could not get a federal exemption, in VA.

                what i found online supports that.

                my number one reason for filing BK is to get creditors off my back, permanently and have some peace of mind. i have schizophrenia and dpression in addition to phsical illness and the entire situation is making very close to losing it.
                My mistake. I got the state miixed up. Thanks for correcting me.

                In Virginia, the unused portion of Homestead, up to $5,000 can be used as wildcard. http://www.bankruptcyinformation.com/VA_exemp.htm

                By the way, have you approach the Attorney General's office for assistance? http://www.oag.state.va.us/

                I believe they may be able to offer you some assistance.

                What about your doctor? Have you told him/her that the credit situation is aggravating your health?

                You don't have to do this alone.

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