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60 to 90 days rule...................

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    60 to 90 days rule...................

    There were many posts here regarding usage of a credit card prior to actually filing - that you should not charge anything major just before filing.
    I suppose a vacation trip to Disneyworld, Las Vegas, or Hawaii and the associated charges, flight, hotel, etc. would be a big no - no.
    But how about emergency flights - if a relative becomes seriously ill and not expected to live very much longer?
    Say my mother would be seriously ill, but my wife and children would also like to go with me to possibly see her for the last time. I suppose my flight expenses, charged on the credit card would be considered an emergency transaction, but how about the costs for my wife and children?

    #2
    Worst case, that part of the debt would be non-dischargable and you would end up owing it.... If you could prove it was an emergency, you might not owe anything.
    Chapter 13 Filed 4/03/06 :blink: 341 Meeting Complete 5/11/06 :yes2:
    Plan Confirmation 6/16/06 :yahoo:
    Discharged: 1/5/2010 :yahoo::yahoo::yahoo::yahoo:

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      #3
      If you don't make any payments, they well might object. You'd have to document the family members illness.

      On any of these situations, put yourself in the trustee's shoes. Does it sound reasonable or not? Be honest.
      Filed Business Chapter 7: 7/11/07
      341 Meeting: 8/8/07 Asset Case
      US Trustee reviewed case/resolved 9/14/07
      Discharged: 10/11/07 Closed: 11/2/08

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        #4
        I would at least plan to make one or two payments on the card even if it is a reasonable expense incurred to visit a sick or dying relative. However they may still object, I certainly would not spend excessively, I'd fly coach not first class. I'd stay in a small hotel like a motel 6, fairfield inn or similar cheap property. I'd only charge what I absolutely had to charge, no eating for example at Mesa Grill or Emeril's. I"d stick to cheap absolutely just to meet the basic needs kinda expense.

        That way if they do object you aren't left owing thousands of dollars.
        May 31st, 2007: Petition Filed by my lawyer
        July 2nd, 2007: 341 Meeting Held
        September 4th, 2007: Discharged and Closed.

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          #5
          The 90 day rule only applies to "luxury" items, or non-necessities. A vacation would certainly fall under the "luxury" item category. Visiting a sick relative would not.

          As JRScott pointed out...try to keep the charges to a minimum. Also, keep in mind that at your 341 you will be under oath as you speak to the trustee, if the creditor shows up to ask you about the charges...I hope the "sick relative" is not a cover.

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