70/90 Day Rule

[seanf12]

I am now potentially looking at a mid-May filing date, primarily because I may be getting as much as a 5% raise at the beginning of July that may mess up my Chapter 7.

Lets say I file May 15th. On one of my cards over the past month I have charged about $1750. $1130 of that was car repairs, another $450 was for a car rental while my car was in the shop. The rest was a couple of purchases at home depot.

Is something that the creditor could object to and/or get me dismissed on the basis of fraud? They would fall within the 90 day rule

Thanks

[HHM]

Your case WOULD not get dismissed over that.

How long was the car in the shop, $450 for a rental seems awfully high, what kind of car did you rent? Hell, at hertz local (the most expensive car rental place), an Impala is less than $200 per week.

I doubt car repairs would be considered a luxury (unless you were installing a new turbo, or getting a custom paint job), so you are probably ok to file even within the 90 day rule. Quick clarification, you charged these expenses directly (you didn't do a cash advance and then pay the shop). But, given the amount and timing, the creditor may show-up, but you should be ok.

[seanf12]

Car was in the shop for 3 weeks (long story, angers me just to think about it :-), getting a head gasket replaced. Then it went back in last week for radiator problems. Definitely nothing custom or anything like that. I rented the cheapest class Enterprise had (compact I believe). While I had the rental someone dinged the car, and since I did not pay the waiver fee, I was reponsible for the $200 in damages (which is part of the $450 figure)

And you are correct, I charged these directly to my BOA Visa card.

I do have a cash advance from Discover unrelated to this (which you have seen on my other posts), but my May 15th the 70-day rule would have expired. I am inclined to chance an objection from Discover and let the rest of my case proceed forward

Thanks for the response