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I have a question on Credit Card Bal Transfers and timing

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    I have a question on Credit Card Bal Transfers and timing

    I was planning on waiting til Feb/March '09, but now Im thinking Jan. I went thru the 3 major cc's that have bal.trans and large balances. This is the breakdown.

    BofA. Opened the card in Feb '08. B.T. on 2/28, 5/2 and 5/12 Made a total
    of 6 payments. Last pymt. was Aug. 08. Never charged anything just the transfers.

    Citi Bus. Opened the card Oct. '07 on a bal trans. Never charged anything.
    Last payment Aug. 08. Made a total of 10 payments.

    Citi Bus. Opened April '08 B.T. 5/03 & 6/03 2008 Made 3 payments. Last
    payment Aug. 08. Never charged anything just the transfers.

    So Im thinking about possible objections here. But I have alot of history with BofA and Citi. Years in fact. Paid everything in the past off except these. Given my history I can argue that its not fraud since I've paid them off in the past. So does anyone think that would make a difference?
    Also is Jan enough time between B. T's to file and did I make enough payments? Work is aweful and I dont know how Im even making rent right now..Luckily I got someone to rent a room in my salon or I'd be out of business.
    Thanks for reviewing this and letting me know what you all think. Im having a hard time with the calls and now they are starting to leave me messages at my business. If I have to wait I will, but Im hopeing Jan will be ok...

    Forgot to add all the B.T's were to pay off other cc's

    #2
    As I understand it, it is "recommended" to wait 90 days after a cash advance or transfer and if I read correctly you're beyond that. Of course, the best course is to ask a lawyer, but I'd file as soon as you can get the money together. My lawyer (and many on this forum) have assured me that there are rarely any objections by cc's, and if you were making payments and had intention of paying it back, it's not fraud. I think you're good to go, but that's just my take on it.

    Comment


      #3
      I also think you are good to go in January based on the information you have provided.

      Good Luck R2P!

      ep
      California Bankruptcy Central

      Comment


        #4
        My lawyer was not concerned with balance transfers from one card to another. He said they only really care about cash advances or checks that you put in your bank account. If money went from one card to another the creditor can go after the other bank to get their money back but this would not affect us.

        Comment


          #5
          I am not a lwayer but I think you are okay too. You are past the 90 days and unless the balances are HUGE, the creditors will probably not object since its very hard to prove fraud - especially since you have made several payments.

          However - only your lawyer can tell you how it is in your district. Trustees are not all equal.
          Filed Ch 7 -- July 9, 2008
          341 mtg ---- August 14, 2008
          Discharged ---- October 17, 2008
          Closed --------- December 11, 2009!

          Comment


            #6
            I also see no issues with your timing. I have similar business accounts from the same banks.

            I believe it's true that credit card companies rarely come after you. It would need to be within the 90 days (which is when you are considered technically insolventf) and have the appearance as if you never intended to pay (didn't make one payment).

            Don't get me wrong, there are some occurrences, but I haven't seen very many. It would have to be blatantly obvious. The 90-day mark is surely a good benchmark. Also, having made some number of payments helps to shrug off the appearance of fraud (that you never intended to pay the debt back).
            Last edited by justbroke; 11-14-2008, 08:10 PM.
            Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
            Status: (Auto) Discharged and Closed! 5/10
            Visit My BKForum Blog: justbroke's Blog

            Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

            Comment


              #7
              Forgot to add on the last BoA transfer...I did do a couple of checks into my checking account. This one on 2/28/08 for 6,500..4,500 went to Schwab for stocks ( lost it), the rest went to bills.

              Another one that went to my checking account was on 5/02/08 for 17,500..$8,000 went to Discover card the rest went to BofA (another card), Citi, Chase, another Citi, another Discover, rent and insurance and alittle went to food. I have all the checks to prove where the money went.
              I sure hope these two that went into my checking account wont mess me up..I knew there was a reason I was waiting..
              Damn!!!!!!!!!!!!!!!!!!
              And yes those 3 balance are very large....not small change

              Comment


                #8
                I still think you're okay.

                ep
                California Bankruptcy Central

                Comment


                  #9
                  Thanks guys..I just read on here everyone is getting done with this. When I first realized I had no money for the cc's and couldnt pay anymore and that BK was it for me, well you know, cried and cried. Had so much anxiety that I couldnt sleep. Then I was ok after awhile.. Now with all the calls and messages I'm started to feel the anxiety again. I'll lay down and all of a sudden feel like Im falling off a cliff. I have to talk myself out of it. I just want this OVER!!!!!!!!!!!!!!!
                  Thanks for your replies, I really appreiciate it.

                  Comment


                    #10
                    It will be OVER and it will get EASIER. Took me 10 months to pay off the lawyer and file. By the time I filed it had been a good year or more since paying most debts.

                    I know the pain. But I also know that you will get through it. So, just keep going. The day you file you will feel huge relief and you will deserve it.


                    ep
                    California Bankruptcy Central

                    Comment


                      #11
                      Epi you went an entire year without paying? Man that must have been really tough. How did you do it,just ignore all the calls? Whats your secret?
                      Man I cant even date I dont want to involve anyone in my mess? There is this really nice guy that wants to meet me and I basically told him I cant let anymore involved in my nightmare right now...Very loney to be me , thank God I have my dog...she sure hates it when I wake up in the middle of the night and wake her up and pull her close to me so I can fall back asleep..thank God for her.

                      Comment


                        #12
                        It will be over soon. Check with your atty to make sure he is comfortable with you filing in January (or sooner)... he should know what to expect in your district.

                        We are filing first week of December and we've been going through this for some time also (similiar situation).. I can't believe how the past few weeks have flown and the stress is building with the filing date only a few weeks away (on top of the holidays) but I know once we file a weight will be lifted off our backs and we can begin the next phase (341 fears and three months until discharge). So try and take everything one step at the time.

                        But this will be over soon. File sooner if you atty is confortable.
                        Filed C7 12-09-08
                        Discharged 5-15-09

                        Comment


                          #13
                          Originally posted by ready2puke View Post
                          Epi you went an entire year without paying? Man that must have been really tough. How did you do it,just ignore all the calls? Whats your secret?
                          Man I cant even date I dont want to involve anyone in my mess? There is this really nice guy that wants to meet me and I basically told him I cant let anymore involved in my nightmare right now...Very loney to be me , thank God I have my dog...she sure hates it when I wake up in the middle of the night and wake her up and pull her close to me so I can fall back asleep..thank God for her.

                          I discovered after awhile that ignoring the calls was the worst thing I could do. I ignored the calls until they started calling work and relatives. I couldn't handle that. From then on, when a new creditor or CA would call me, I would return their phone calls almost immediately and let them know I was filing. I wasn't answering the phone (didn't like being caught off guard) but I did call them back within a day or two.

                          I would give them the attorney's name and number but had no case number to give them. I gave them no other information. Still, most of them backed off. Some CA's sent the debt back to the original creditor who farmed it out again to another CA and the cycle repeated itself. Most were civil and some even expressed sympathy. I only had one or two that were particularily nasty...Target Collection agency was one of them and that debt was under 300.00.

                          I understand you not wanting to get involved with anyone right now. I am single too, and I would have felt like I was dragging someone down with me. It's just too stressful. But this will pass and you will stop feeling that way. Just know it's temporary.

                          I thank God too for my cats. My one cat LOVES being woken up 24/7 if it means any kind of attention. I think secretly your dog loves it too.

                          ep
                          California Bankruptcy Central

                          Comment


                            #14
                            Y'know all these calls to people's workplace is one reason why I never gave any cc card anything but my home or cell number. Wish it was just my home number. Around the time I stopped paying I went to all CC internet sites and changed my contact info to just my home number. Amex and Wells Fargo somehow still have my cell number and that's where they now call. I just ignore 'em.

                            And also single here. Not easy dating when you have so much on your mind. Also now I don't have the backup of my credit card in my wallet so there better be enough cash in my account for any dating emergencies when I use my debit card.

                            Comment


                              #15
                              I have a thought, why dont we form a dating club and just date each other????

                              Comment

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