Question about newer Debt befor filing- Misc conflicting answers from attorneys

[smockb]

Question about newer Debt before filing Chapter 7
I have talked to 3 different attorneys and I am getting some different information from each.
These are my questions-
I have 6 different credit cards; I have been keeping up my payments, while I decide what to do-
After I make my payments on these cards, I use the small avail credit for food, gas and prescriptions.
Were talking less than 150 per mo- but hey it’s the only way I can make ends meet.
#1. If I filled tomorrow, would this be an issue with the trustee? All 3 pretty much say this is not an issues because of the small amounts per card per month- From what I have been reading here, Some people say it would be considered abuse if I use them up to the dat I file???
I have two loans that are newer 1 credit card I have had for 3-4 months less than 500.00 on it once again used credit for food, gas and prescriptions.
#2. If I filled tomorrow, would this be an issue with the trustee? 1 attorney says not an issue, because the amount is under 500.00, 2 say wait till 6 mo then file? Looking for real word people- any of you have a similar situation?

The other Newer loan is 6mo old Auto loan through a credit union, Tons of neg equity- Long story short I had no other way to get rid of my broken dwn vehicle. Really high payment- want to surrender this vehicle-
#3. If I filled tomorrow, would this be an issue with the trustee? Has anyone here filed with a newer auto loan and then surrendered it? With out a problem? 2 attorneys say shouldn’t be an issue, 1 says have to wait a year-
#Last question- I want to buy a lower priced car that gets good mileage- before I declare chapter 7- My credit score is still good- I know my debt to income ratio is high, Any suggestions on a better lace to try for a loan – Would it be honest to say I ma in the process of getting rid of my current vehicle/ loan- I was considering Carmax first? The Road loans any other ideas?

I appreciate your time and help! B

[HHM]

None of the issues are issues with the Trustee. If anyone is going to care, it will be the individual creditors. The Trustee is only concerned about getting your assets. The "U.S. Trustee" could take an interest if they thought you were overtly abusing the system, but nothing you have mentioned seems to rise to that level.

#1: Not likely issue give the amounts involved. You are allowed to use credit prior to filing BK on necessities; doing so, by itself, is not objectionable.
#2: Potentially an issue (its arguable). Again, given the amounts involved, not worth anyone's effort. HOWEVER, you did apply for new credit within months of filing BK, that does not look so good. Conservative advice, wait at least 90 days from the last use.
#3: This is the interesting one; you bought a car 6 months ago to replace a beater, and now you want to surrender this car? Of the issues, this is the one that has the most potential for problems Again, the issue is not with the trustee, but with the lender. Although unlikely, I could see a creditor make an issue of this? Whether they will will depend on the specific facts. I am not sure I would let this issue delay a BK filing, but this one has the most risk.
#4: Depending on your income and other debt, you ability to get a 2nd car loan may be suspect. You can always try, but there is more to car loans than good credit. You need to be able to afford the payment on paper.