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    Time Table???

    I've read tactical bankruptcy handbook and most of NOLO where is applies to my situation but I have a few general questions regarding timetables. I've read about a 60 day rule then about a 90 which is it? I made a large purchase for company shirts before I pulled my head out of the sand. Just over $1100.

    How long before you file do you stop using all cards??
    After you quit paying, how long before they get aggressive?
    When to file?

    Obviously once I stop paying all CCs (currently about $2500 in payments a month) I'll have extra money suggestions for what to do with it with out screaming I have money under the matress?
    If you think no one cares about you try missing a couple of payments.

    #2
    Originally posted by bkpain View Post
    I've read tactical bankruptcy handbook and most of NOLO where is applies to my situation but I have a few general questions regarding timetables. I've read about a 60 day rule then about a 90 which is it? I made a large purchase for company shirts before I pulled my head out of the sand. Just over $1100.
    First, there is no 60-day rule. These rules come under 11 USC 523 on Exceptions to Discharge. Any aggregate purchase over $550 from a single creditor within 90 days of filing, is presumed to be non-dischargeable. Any aggregate cash advance over $825 within 70 days of filing, is presumed to be non-dischargeable.

    If the creditor can prove fraud... those dates don't matter. This would include making false representations or statements (although simply lying on your credit application is not enough).

    Originally posted by bkpain View Post
    How long before you file do you stop using all cards?? After you quit paying, how long before they get aggressive? When to file?
    There are general guidelines, but you don't just stop paying because you're filing. That could be bad if you never made any payments on a card after making "large" purchases and/or taking cash advances! This is when the 70-90 days don't even matter! If you never intended to pay, the creditor can scream fraud, fraud, fraud.

    If you're really going to file bankruptcy, a consultation (of five) from bankruptcy attorneys would be worth your time. While putting time between your purchases and filing is very important, so are your actions relative to making large charges.
    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.

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