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    Time between cc purchases and filing

    Ihave about 25,000 in cc bills and 15,000 in medical bills. I have not used any of my cc cards in several months except for one which I took a cash advance to pay my rent 10 days ago. (ihave been hospitalized for two months). I was receiving no sick pay so thats what got me in this hole.

    I went to attorney and he said there was know way I could file after taking out that cash advance right know so just stop paying everybody for at least 90 days and stop using that card, than I could file. Is this sound advice and will anyone try and sue me for garnishment if I wait that long before sending any money to any body. I live in Phoenix.

    thanks for your help
    Last edited by Russdawg; 01-19-2005, 02:52 AM.

    #2
    Sorry to jump your post Russ, but I have the same question. We took out a cash advance to help pay bill/food/living expenses and also had a couple car repairs we had to charge.

    We are current on our bill, barely. Are we stuck for at least 90 days also?

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      #3
      The 90 day rule is the mininum, I suggest holding off for at least 6 months.

      Good Luck!
      The information provided is not, and should not be considered legal advice. All information provided is only informational and should be verified by a law practioner whenever possible. When confronted with legal issues contact an experienced attorney in your state who specializes in the area of law most directly called into question by your particular situation.

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        #4
        I was in your same situation as far as purchases before bk goes. The attorney explained it to me: within 60 days you will have to prove to the trustee that they should be discharged. After 60 days, the burden of proof lies on the cc company to prove to the trustee why the debt should not be discharged.

        Todd is right, the longer the better though.

        Stick it out, the wait is worth the peace of mind!

        Comment


          #5
          Thanks. We will try to wait it out as long as possible.

          Comment

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