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Pre-bankruptcy "jitters" and questions

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    Pre-bankruptcy "jitters" and questions

    First of all, I apologize for the long post. I have answered so many questions I have had by reading/search the forums, as well as receiving replies to a couple of posts, but I have more...

    Here's a brief of our story, and the questions I have... We realized at the end of February that we just couldn't do it any more and that we should consider filing bankruptcy, since our options simply ran out. At that point, we were current on everything, except one credit card that was less than 30 days late. We talked to an attorney, and he told us not to make any more credit card payments, nor any more charges (last charge was before we visited the attorney). We plan to meet with a couple more attorneys before selecting one.

    As I know all of you can relate, we're pretty stressed out. The credit card that we are late on is calling us non-stop, and I'm sure when the other one (just a few days late now) realizes they aren't getting paid, they will be calling non-stop, too.

    I want everything to go smoothly with our filing, but after meeting with the attorney and reading these forums quite a bit, I want to make sure that we aren't going to hit more than the usual bumps in the road once we file, so would really appreciate your thoughts on:

    1. Bank account - First attorney gave us a list of documents to gather -- one of these was 6 months worth of bank statements. Does this mean that we have to account/answer for everything we spent in the 6 months leading up to bankruptcy? The two things that worry me are that we wrote a check in early December a condo rental for a vacation we'd had planned since the summer (more below), and we cashed a check in early January for $1,000 (used $400 for misc, used $600 to go on that vacation).

    2. Vacation/Luxury lookback: At the time we took the vacation in early January, we had no idea we were going to have to file bankruptcy. Airline ticket purchase (credit card) was in August 2012. The condo check that I wrote has been almost 3 months ago, and will be over 3 months by the time we file. There is a January credit card charge for a rental car for that trip for $400.

    Should we be worried about the check for the condo, time-wise? Our current plan is that we will file within the next 30 days, so we'll definitely be outside of the 90 days on that check. Obviously, we will not be on the rental car charge, so what is the worst thing that can happen for a $400 charge within the 90 days preceding?

    3. Household expenses leading up to bankruptcy: What is the period that I need to have an accounting for our household expenses leading up to our filing? I want to be sure that we keep every single receipt, etc., especially if we pay cash for something (it would only be nickle/dime type stuff, nothing big at all).

    Thanks in advance for any advice or thoughts anyone could give.

    #2
    Nobody is going to care about a $1000 vacation.
    No need to keep receipts for normal hh purchases.

    Comment


      #3
      Not only will nobody care about a $1000 vacation, but it doesn't sound like any of your purchases satisfy the conditions to be presumed non-dischargeable. It sounds like the only charge you have that might be within 3 months of filing is a $400 charge. That's not enough to be considered non-dischargeable. I don't know how a check written for value received could be an issue (unless they are checks on your credit card account in which case you only need to worry if they total $700 or more within 90 days of your filing date).

      Your attorney wants 6 months of bank statements in order to make sure there are no red-flags he needs to be aware of. He may have some questions. But, it doesn't mean you'll have to explain every transaction.

      There's no harm in keeping your receipts. But, unless you have unusual expenses, you probably won't need them. I saved all of my receipts once I decided to file. I tossed them after my plan was confirmed. Never needed one.
      LadyInTheRed is in the black!
      Filed Chap 13 April 2010. Discharged May 2015.
      $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

      Comment


        #4
        Many thanks!! I am so glad I found this group (through a family member, who recently went through Ch 7, and is a member of this group). You all are awesome, and I so much appreciate the advice and patience throughout my jitters & questions...

        Comment


          #5
          Hi and welcome...search Google Voice here on this forum then set it up on your phone...life saver and no more calls!!!

          Comment

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