When Must I stop Using Credit Cards Before Filing..

[crazycat]

..I see varying time schedules & strategies offered (by advisers here & elsewhere ) when the debtor is considering that "last charge" on their CC prior to filing for bankruptcy protection....60 days, 90 days, 6 months,etc...Is there actually a minimum amount of time that a trustee & the law insists upon between when the petition is filed/reviewed and that "last charge" or are there just general guidelines? Could someone file a petition successfully (without dissent or challenge by the creditors or trustee) when their last CC usage was perhaps just 50 days prior to filing? What is considered the "normal" or "average" wait period?

[gophermn]

I know from personal experience I stopped using my cc 07/07 - then filed 10/07. However my attorney was a dink so I fired him and hired a new one 01/08. So I went almost 6 months with no cc activity.

[keepmine]

No hard and fast law. Just, if you file inside 70 days on a cash advance or, 90 days on luxury cc purchases then, the creditor has the presumption of abuse. Does not mean they can't win if the challeneged xharges are outside that window.
A creditor objection is rare. In general, the more time between filing and last use the better.
My lawyer told me his experience-the rare times he'd had a creditor file a challenge, he'd never lost if their had been at least 6 months between last use and filing. He's never had a challenge if, there had been a year since any usage before filing.
The day filing is a viable alternative, stop using the cards.

[justplaintired]

We stopped using in Jan and will hopefully file by June, no later then July. Hopefully we have put enough distance in charges and filing.

[Minnymouth]

Justplaintired,
A 6 month distant between charges and filing is a good time span to work with. This would cover big charges and cash advances. If you had those kind of charges, hopefully, you made some payments on the accounts after you charged or had cash advances.
You shouldn't have any questionable charges if you have waited that long....

[justplaintired]

Non of our charges were questionable, just basic living expenses, gas, groceries....

The one in question is a TV which was purchased with no thought of filing at the time. This is the one we are concerned about. Worse case scenario we will reaffirm and pay this one. It is our smallest card, 825.00.

We never did a cash advance. Last balance transfer was almost 2yrs ago and it was paid off.

Reason for waiting until June or Early July is to be able to use our tax stimulus to do things we need done. We are having some plumbing work done and we need to have an electrician come and alot depends on their schudule and when we can get the stimulus spent down.

[Cali]

We stopped most in January, we are filing in June.