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Presumption of abuse question?

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    Presumption of abuse question?

    Hi everyone,

    I have a question on presumption of Abuse.
    As I have posted awhile back I am going to be losing my job soon (April 20th)
    My DW and I were planning on stopping all CC payments in Febuary.

    Here's some backround,we stopped using the cards about the middle of January 09 when I was told I would be laid off, we charged airfare and hotel and meals in early September 08.

    In December we were planning to drive to Florida to visit my F-I-L and brother who also lives down there.(And no there's no Disney or Sea world plans in here due to limited $$$$)

    We are paying cash that we had from my mothers estate when she passed away in June.
    However my F-I-L has a small condo and his brother lives with him so we booked a room for 3 nights when we visit in Febuary.

    We booked it on Hotels.com and we paid $226.00 we can't cancel because our comformation says it is non refundable we put it on our Chase card.

    This was all before I was told about the company closing and me being out of work.

    We still plan on going ,DW hasn't seen her father in 3 years.
    I was reading this thread i found:


    and now I'm worried I may have problems.

    I am still current on all my payments and we were not planning on filing until sometime in July or August this year.

    Will I have any problems down the road with a trustee?
    Would it be better if I stay current on payments until we returned from our trip.
    The only charge we will have is the $226.00 for the room we booked everything else will be in cash no paper trail when we get down there.
    If I pay another month then stop paying in March I wouldn't file until August or September and no other charges would show up beyond the middle of January when we stopped using the cards.

    You're thoughts Advice? Opinions?

    Thank you all for you're input.
    Filed July 7,2009
    341 August 24,2009 (completed)
    Discharged 10-28-09(Thank You Lord.)
    Case closed 10-29-2009

    #2
    Ending spending on CC's in in Feb. and waiting until August or September to file, you should be okay as far as abuse is considered. If you had to file earlier, the worst that could happen is you would be forced to repay any charges made within the timeline.
    Bankruptcy History:
    Chapter 7 filed - 10/12/2005 - Asset
    Discharged - 02/16/2006
    Case Closed - 11/08/2007

    A banker is a fellow who lends you his umbrella when the sun is shining and wants it back the minute it begins to rain ~ Mark Twain

    All suggestions are based on personal experience and research and SHOULD NOT be construed as legal advice as I am NOT an attorney. Always consult with competent counsel in your area with regards to your particular situation.

    Comment

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