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90 day rule--quick question

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    90 day rule--quick question

    Quick question: the 90 day rule on purchases before a BK filing?

    If there is a charge within the 90 day before a filing, does it imply:

    1. a trustee/creditor may object to the dischargeability to that SPECIFIC charge?
    2. allows a trustee/creditor to object to the dischargeability of the ENTIRE CC account?
    3. allow a US trustee to object to the nature of the entire filing?

    So, small to biggest ramification. I recall it was just #1, but I wanted to check. Assume this is a small charge, not some crazy big number relative to the entire amount of debt.

    Also, by the way, as rare as objections are, in the case of #1, is it the creditor trustee or the creditor themselves that objects to the dischargeability typically?

    Thanks

    #2
    Just #1

    Comment


      #3
      Thanks, can I ask you my follow-up question above?

      In #1, is it "generally" the trustee or the creditors who objects to the specific charge that falls within the 90 days?

      Comment


        #4
        creditor

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          #5
          do trustees look as closely at purchases within the 90 days that Are NOT on the CC? For example a rather large ($500) purchase at Walmart? I have made a purchase like that last week (a bunch of items that totalled a little over 500) and i plan to file in July. Is the trustee going to think this is weird (I have the receipt, on which are household items, groceries, and a bicycle)????

          I heard something about purchases over 500 being "luxury" or do they lookat the context of each transaction? Am i overthinking this? I just dont want to cause a delay in my filing process.
          Last edited by AfraidOfBK; 04-27-2009, 09:32 AM. Reason: purchase made with debit card
          waiting to file in july-august,
          waiting for Chase to begin foreclosure,
          waiting for cc's to begin lawsuits,
          just waiting (& "afraid")...

          Comment


            #6
            Trustees don't care. The trustee is appointed to represent your creditors "collectively", they do not advocate for any particular creditor. It would be the creditors that would object, not the trustee.

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              #7
              you mean other creditors would object to my spending my own money in a large (50 dollars is a big chunk of $ to me) amount?

              Do you mean because they would rather see the money go to them? I am a bit confused.

              I am talking about a debit card purchase...would the trustee care about that?
              waiting to file in july-august,
              waiting for Chase to begin foreclosure,
              waiting for cc's to begin lawsuits,
              just waiting (& "afraid")...

              Comment


                #8
                I think he refers to a creditor objecting to a specific charge to their own specific CC. Seems pretty straightforward.

                Comment


                  #9
                  Yes, bankruptcy, you got it.

                  Comment

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