Confused about having to wait to file

[kyjoe]

We had our free consultation with our attorney about 2 weeks ago. He breifly looked over our papers and sent us home with a packet to list all of our bills, assets, and all that stuff in. We schedule another meeting for next week so he can go over everything and see if we can do chapter 7 or need to do 13. So far all is going good.
Then today my wife calls to ask a few questions we had and talked to the attornys assistant. She told my wife that we can't file now, that we need to wait 3 months because we are only a month behind on some of our cards and some are not behind at all yet. But will be in a week . Also she said if we had charged ANYTHING on our cards, we can't file. It has to be 90 days of NO charges and 90 days behind in payments. HUH??! We are in Ohio by the way. Does this sound right?

[Miyamoto]

I'm not sure of any specifics in Ohio, but that doesn't sound right at all. I had charges within the 90 days and I wasn't behind at all and I just had my 341 wed. and had the no asset, no distribution show up on Pacer yesterday for my chapter 7. If they make you wait that long you will be filing under the new laws which you definately want to do everything you can to avoid. I was current on all my payments up until just under two weeks after filing when my next bill was due and I stopped paying all the CCs and nothing at all was said to me. You are allowed a certain amount charged within the 90 days before you can file, but I can't recall the exact amount right now. I'll check and post another reply. If it was for necessities though you should be in the clear even if you did go over the limit.

[Miyamoto]

Do your payments total over $600 to any individual creditor? That might be why they said you have to wait, but even then you don't have to, you just attract more attention from the trustee. 2 of the 4 CCs I filed on had total payments in the 90 day period that were higher than that and I was questioned about it. After explaining that it was due to paying my minimum and a few dollars extra which I did for all of the creditors he said it wouldn't be worth pursuing as preferential since it was only a little over 900 to one and around 1K to the other.

[Miyamoto]

OK this was the figure I was thinking of, but just had to doublecheck in regards to charges made before filing:

# credit purchases of $1,150 or more for luxury goods or services made within 60 days of filing

# loans or cash advances of $1,150 or more taken within 60 days of filing

During my 341 though the trustee asked if I made any charges for over $500 in the 90 days prior to filing.

[edwards2]

Me too Miyamoto. We were not 3 months behind on our bills either and we had a few charges on our cards in January; we filed in March. Admittedly, the charges were for a new dryer and dishwasher. I have not heard the 90 days w/o paying cc requirement or no charges at all requirement either. I totally agree waiting 90 days would be a disaster. I know lots of us on this forum were forewarned about the looming BK law and advised to file asap. We were told point blank by our lawyer that we would automatically be put in a Chapter 13. I think I would consult another lawyer asap.

[davidb81]

That sounds wierd to me I can understand no charges in ninety days but you have to be behind 90 days? I was completely current when I filed. But maybe in that particular area it is different.