Anyone who did NOT wait the 60-90 days?

[sydneynoel]

Did anyone on here not wait the 60-90 days before cash advances and credit card use to file? If so, I would love to hear from you and know how it went. I'm considering not waiting. I didn't do a lot of charging so I think it's worth taking my chances on. What's the worse that can happen? Creditors object and I pay it back?

[desperate&broke]

Glad you posted this! This is one of my questions as well.

My case is a tad different in terms that I did charge (up until a week ago when advised not to). However, if you look at my credit card statements it's not like OVER CHARGED anything. It's consistent with how I have been charging on all my cards....

Hope you get your answer Sydneynoel!!!

[JollyGG]

We didn't wait. I would have driven myself insane. We realized we needed to file and filed a couple of weeks later.

Would you be okay with paying back all or a portion of the charges made within the last 90 days if you creditor objects?

We had only used two cards in the previous 90 days before filing. Once was a balance transfer to take advantage of a 0% introductory rate. The second was the credit card attached to our checking and used as an overdraft protection.

This is the timeline for us.

Discover
8-06 did balance transfer for lower interest rate for approximately $2500 from AMEX to Discover
10-06 Realized we needed to file bankruptcy and filed
12-06 At the 341 meeting our lawyer told us he had gotten a letter from Discover threatening to object and asking us to reaffirm. Our lawyer told us he doubted the Discover would object for that small an amount and asked what we wanted to do. We choose to ignore the letter.
Never heard from Discover again.

Well Fargo Credit Card
Had the card attached to our checking as overdraft protection. Routinely went over on our checking. The overdraft transfers were considered cash advances.
Early 10-06 discontinued using cc as overdraft protection. Did not pay 10-06 payment.
Got a letter shortly after 341 saying we had used the card for $1200 in cash advances since July, threatening to object, asked us to reaffirm or pay lump sum of $1000.
12-07 Our lawyer sent back a letter saying cash advances were for living expenses, most of the amount mentioned was outside the 70 day window and that we were not taking their offer.
Never heard from Wells Fargo Credit Card again.

We would have been okay with having to pay $3000 to get rid of $30000, but are glad we didn't have to.

Now be aware that our trustee is going after the payment (balance transfer) to AMEX as a preferential payment. She has gotten the money back from them and we became an asset case. Which means while we are discharged it will take a while for our case to close.

[sydneynoel]

Jolly- Thanks for the detailed information that really helps me. Here is our situation:

Beginning of Aug. deposited a cash advance check into our checking for the amount of 900.00 to prevent things from bouncing in our checking acct. We had tons due at the time....600/car payment, 700/child support and 700/rent. I was worried that things would start bouncing if I didn't get some extra cash in the account so I took advantage of one of those checks they send out (it was with Citi). Oh and I also charged 300/electric bill to citi in aug.

Beginning of Sept. also with Citi I charged about 300 on groceries. We were completely out of food and my babies needed it. Plus I took out apprx. 400 in a cash advance to help out with rent again.

That would be the one I will be most worried about objecting because that's quite a bit of activity for 2 months. I calculate almost $2,000.....but it was all for living expenses.

The other credit card activity is with Sears, Old Navy, Lowes and Jcpenny. But it's all under $500 each. I guess if worse comes to worse I will just pay it back but I'm worried that my case will get dismissed and they will say my purchases were fraud.

[Logan]

sydneynoel,

I fell into the categories you asked about. Tomorrow is my last day for objections and I'll post my experiences afterwards....

Logan

[familyof7]

I used my credit card for gas 1 week befor filing I filed pro se and no objections THANK GOD I was not aware of the 60 90 day rule or else I would have waited.

[HeatherB]

used cc until ??

I know I didn't wait 60 to 90 days. Not even close. Maybe 30. Lawyer said if I needed anything to go ahead and get it. (then while looking at my newborn said, like if you bought a bunch of diapers and formula... or food)

So, I did use the card to buy necessities for my son. I also used it to cover my electric bill. (you know, things they can't take away) I by no means went all out and maxed out my cards. I probably spent (besided the electric bill) about 200 total for diapers (size 1,2, and 3) and things for my son. Nothing that could have some kind of value (like electronics, eating out, or things that could be deemed unneccessary)

[dumbdumb]

I rented a car and left the balance on my credit card. the total was $329 ... that was within a month of me filing.