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    cc payment

    Question, when stop making payments to cc should i stop making all payments? Some of my payments are on time, some of the bigger ones not. So that i am not being preferential do i need to be current on all when i stop making payments? I have a newer purchase on one in September of 2000 so i think i need to keep good payments to them for 90 days so they do not claim fraud. if i pay just them for the next 90 days will the others claim prferential treatment? I am late on a couple already and dont know if i will be able to bring them current.
    pa308 (equifax fico 6-21 471) 594 on 3-09 671 7-09
    filed ch7 6-12
    341 7-25
    Discharged and closed 9-24

    #2
    When do you plan to file? Last purchase on one in September of 2000??? Over seven years ago??
    If you meant to write Sept. 20, and really plan to file, file anytime after December 20 - 90 days + after your last cc purchase. That is not fraud.
    Paying some but not all in the meantime would also not be considered fraud/preferential payments. But why even pay - save your $$$ for the lawyer's fee.

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      #3
      Sorry for the miscommunication.

      I have a newer purchase on one in September of 2007 for $2000 so i think i need to keep good payments to them for 90 days so they do not claim fraud. if i pay just them for the next 90 days will the others claim prferential treatment? I am late on a couple already and dont know if i will be able to bring them current.
      pa308 (equifax fico 6-21 471) 594 on 3-09 671 7-09
      filed ch7 6-12
      341 7-25
      Discharged and closed 9-24

      Comment


        #4
        Originally posted by pa308 View Post
        Sorry for the miscommunication.

        I have a newer purchase on one in September of 2007 for $2000 so i think i need to keep good payments to them for 90 days so they do not claim fraud. if i pay just them for the next 90 days will the others claim prferential treatment? I am late on a couple already and dont know if i will be able to bring them current.
        CC outfit will not scream/holler "fraud" if there are more than 90 days between your last purchse and the date of filing. Wouldn't pay one lousy dime to any of them - if you really intend to file. They could then assert that you are paying and therefore no need to file

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          #5
          Yeah no need to pay any of them if you are going to file. Maybe 1 payment..
          Filed: 6-7-2010 341: 7-15-2010 DISCHARGED: 9/17/2010

          Comment


            #6
            Originally posted by magyar123 View Post
            CC outfit will not scream/holler "fraud" if there are more than 90 days between your last purchse and the date of filing. Wouldn't pay one lousy dime to any of them - if you really intend to file. They could then assert that you are paying and therefore no need to file
            Not true! Creidtors can "scream/holler fraud" at any point in the process. Don't be fooled by this 70/90 rule.

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              #7
              pa308, there's not one soul on the forum that has a crystal ball that will tell whether a creditor will object to a debt being discharged. At best, all you can do is minimize the chances.

              What you need to be aware of, is if you don't make any payments and then file right away, it will look like you made the purchase knowing that you'd be filing, with no plans to pay it off. That could be looked at as fraud.

              If you pay only that creditor, and not the others, it looks like you made the purchase knowing that you couldn't pay your other debts. Again, you may be asked why you're out incurring more debt when you knowingly can't pay the debt you currently have. That doesn't look good either.

              You may want to make a few good faith payments to your creditors and then put the brakes on, especially after a recent $2,000 purchase. This creates the illusion that when you made the big purchase you where financially confident that you'd be paying it back. Putting as much time as possible between the purchase date and the date you file is what will help to minimize any objections. If that means pushing your filing date out closer to 6 months, so be it.

              If you're 100% sure you will be filing the important thing is to stop using the cards.
              Last edited by jp2861; 10-28-2007, 11:09 AM.

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