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About to file but fear an AP

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    About to file but fear an AP

    I'm about to file and my lawyer does not think these are a big deal but I'm scared they will be.

    Item 1) Made a $500 purchase at the beginning of August on a personal card for a business meal that I received a payment directly to my checking which I used on other higher interest rate bills. Was barely making minimums.

    Item 2) In one month my washer flooded my laundry room causing my dryer to short and my refridgeratpr died. This was in September and I bought a new fridge and a new washer/dryer.

    Item 3) Back in June I made a $1100 purchase on a card for a photo session.

    I did not intend to file bk until I had a large chunk of medical bills come in then realize I was close to maxing out a card then when I did a spend analysis I realized I was able to afford my minimum payments abd that's it. Should I be concerned?

    I do have legal representation.

    If your attorney says don't wory, don't worry.

    I assume you are worried about an AP to have a debt declared not dischargeable. A debt for luxury goods or services over $650 within 90 days of filing BK or for a cash advance over $925 within 70 days is presumed not dischargeable if the creditor files an AP. If the debt does not fit that description, then the creditor must prove that you incurred the debt fraudulently or without the intent to pay. A creditor is very unlikely to file an AP and try to prove a $1100 debt was incurred fraudulently.
    Last edited by LadyInTheRed; 10-28-2015, 07:55 AM.
    LadyInTheRed is in the black!
    Filed Chap 13 April 2010. Discharged May 2015.
    $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!


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