how long after last using cc till file ???

[newby??]

how long should you wait to file bk,to avoid fraud charges

[ChaseSucks]

No wait necessary if you are not fraudulent. No cash advances, no luxury items for 90-180 days. But, a credit card company can always protest. It is a gamble but it is not fraudulent unless they say it is and the trustee agrees.

[newby??]

thanks,

[BKParalegal]

Most attorneys worth their salt, will wait 90 days from the last time it was used, but there is nothing in the code that mandates this. If nothing is forcing you to file immediately, I would wait.

Good Luck

[Cali]

I would suggest 90 days to 6 months. But as BKP stated there isn't a code somewhere that says its this way only.

[kornellred]

It's not fraudulent until an allegation of fraud is proven in a court of law.

[keepmine]

It's not fraudulent until an allegation of fraud is proven in a court of law.

The object of the execrise is to make it unlikely that a creditor will file an AP and let it get that far.
Prehaps the OP will tell us why they fear that's a possibility.

[halloweendmb1]

What happens if a cc objects and you decide to take your chance and not settle? I assume it goes before the trusttee and then what? What if the trusttee decides you should pay it does only that debt need to be paid or the whole thing you filed on?

[liz417]

halloweendmb1,

Typically, a person should wait 3-6 months but if you have a different situation, please state it.
Why don't you tell us the charges on the cc and we can help from there...

[newby??]

i was just double checking , i have a couple store cards that i owe 2-3k on,

i feel alot of remorse right now, about my whole situation, i have told the DW and my grown children....

i have a lot of anxiety about losing our home, the DW is not on any of the cc deebt, and im fileing alone.

thanks for all your help..

[JRScott]

I'd stop paying the credit cards and wait 90 days from last use if you are able to.

[liz417]

i was just double checking , i have a couple store cards that i owe 2-3k on,

i feel alot of remorse right now, about my whole situation, i have told the DW and my grown children....

i have a lot of anxiety about losing our home, the DW is not on any of the cc deebt, and im fileing alone.

thanks for all your help..

Newby,
Sorry you are experiencing anxiety right now, but you are doing the right thing. Think of it as a business decision...and move on. No need to feel remorse...Hang in there.

[njguy1972]

in a consultation with an attorney's assistant I was told the cards can look back 1 year on your purchases if they want to object.

From what I am seeing here, 90 days is usually the safe waiting period. At that point you are 3 months late on large balances and they want to settle or write off the debt.

[mmenz22779]

worst case is settle for less 1/2. Or fight it out (this will cost more money as you will pay lawyer and might lose)

[ansky0007]

I want to wait but my lawyer is telling us we have to do it now.. Around 45 days since I stopped paying most cards. Unfortunately I own a small business and my 2 busiest months are November & December.. Since the 6 month income would jump to high including these 2 months we need to file early. Hope I am not risking too much but if I dont file now I would have to wait around 6 months till the holiday income comes off. Not sure why they dont just take YTD which would be fine even with the holiday since 30% of my income comes from the Holday season that it balances out in the YTD numbers.