How long do we have to wait to file?

[FL349]

For awhile we were sending large payments to our cc's and using that for our living expenses. The last large one ($900 sent to my spouses Merrick bank) was in April.

We were planning on filing in early September; because of this cc payment do we need to wait until November so we have 6 months with no large payments on our checking account?

Also-we used our credit cards a lot all the way through the end of April and have made our minimum payments on time for the most part through June; we are way negative every month and would like to stop paying the minimum payments now. Will that be a problem?

Thanks!

[BKParalegal]

Making the large payments to your cc's is not the issue about when to file. The payments only effect the Trustee in regards to preferential treatment of one unsecured creditor over another. If you have quit using your cc's in April and hadn't made any large cash advances from them in the last 6 months, then barring any other issues, you are good to go for August or later.

[Cali]

Most people wait 6 mths before they file, to make sure all cash advances and big purchases have had time to age.

The big payment is a concern of the Trustee and not you.

[swampwiz]

Most people wait 6 mths before they file, to make sure all cash advances and big purchases have had time to age.

The big payment is a concern of the Trustee and not you.

Yes, I would not understand why it would be a concern. I had been charging a bit on that account before the payment, so it would seem that if anything, I have proved by paying this cash, that I did not mean to commit BK fraud by using the account.

No matter - I am going cardless for here on. And it's not because I can't control myself. I can. It's just because of the "appearances" that I will not.