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Charging living expenses..and 90 day rule.

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    #1

    Charging living expenses..and 90 day rule.

    Hello everyone,
    I'm about 2-3 months from filing my ch 7. I have one credit card with a zero balance. Now I know about the 90 day rule on charges, however I'm making slow progress saving up the money to pay my lawyer fee. So, my question is, if I were to charge living expenses on this credit care, groceries,gas,electric bill..etc...would this cause a problem when I do file? Keep in mind, I would pay the small monthly payments, and try to reaffirm this debt when I file. Total charges I was thinking of putting on it would be a max amount of $300-$400. Thanks for any input!
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    #2
    I believe the ninety day rule is specific to luxuries. I don't see how necessary expenses such as food and electricity fall under that category.

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      #3
      The 90-180 day rule regards cash advances, transfers, large expensive purchases.......right before you file bankruptcy...... they consider this fraud...... a reason for dismissal.

      Paying your utilities, buying groceries or gas are considered necessities......

      They would probably not think anything about it......

      I wouldn't go overboard though, personally I would try to stay under $300.00 if I could and keep paying on the cc if you can to show an effort to pay for it..... before you file....
      Minny

      "It's amazing the paths that our feet sometimes follow in life".

      My suggestions are from "personal experience" and research only. Do not consider this as legal advice. Each bankruptcy case is different.

      Comment

        #4
        Originally posted by Minnymouth View Post
        The 90-180 day rule regards cash advances, transfers, large expensive purchases.......right before you file bankruptcy...... they consider this fraud...... a reason for dismissal.

        Paying your utilities, buying groceries or gas are considered necessities......

        They would probably not think anything about it......

        I wouldn't go overboard though, personally I would try to stay under $300.00 if I could and keep paying on the cc if you can to show an effort to pay for it..... before you file....
        There is a rule that states 180 days? Where? I didn't know there was such a rule, I always thought that when people said wait 6 months after a BT or cah advance et al it was because most objections aren't made if the charges were made more than 6 months ago. I didn't know there was an actual law stating 180 days. Where is it, because if there is a law out there stating 180 days will affect my filing date. Thanks.

        Comment

          #5
          Originally posted by Hollyhomemaker View Post
          There is a rule that states 180 days? Where? I didn't know there was such a rule, I always thought that when people said wait 6 months after a BT or cah advance et al it was because most objections aren't made if the charges were made more than 6 months ago. I didn't know there was an actual law stating 180 days. Where is it, because if there is a law out there stating 180 days will affect my filing date. Thanks.
          It's not a "law". It is advisable so there won't be any issues in the discharge process.

          Comment

            #6
            Just curious..........why would you want to re-affirm cc debt which is unsecured and dischargable in a Chapt 7??????

            Doesn't that kind of defeat the purpose of filing?
            You can't have your cake and eat it too. But you can dip your finger in the bowl and lick the icing

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