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?? regarding 90 day lookback for charges

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    ?? regarding 90 day lookback for charges

    Does your card need to stay current during that 90 day lookback as well? I had planned to stop paying them next month - but we would still be in our 90 day window for charges. Should it still be paid and kept current until that 90 days are up?
    04/01/10 - Hit rock bottom and knew we were going to have to file for bankruptcy and surrender our home. 12/14/10 - Filed Chapter 7, 02/09/11 - 341 Hearing, 04/14/11 -

    #2
    No your card does not need to stay current during the 90 day lookback.
    Filed Chapter 7 July 2010
    Attended 341 September 2010
    Discharged November 2010 Closed November 2010

    Comment


      #3
      Depends on the charges and circumstances, essentially, what is the real risk of an objection.

      Keep in mind, charges are only objectionable if the charges total more than $900 for non-necessities during that 90 day period. Thus, if you were simply charging things like groceries, gas fill-ups, prescription drugs etc, it doesn't matter when or what you charged.

      In general, if you made an objectionable charge, it is best to make some payments toward that card (at least the minimums). Is it absolutely essentially to stay current during the 90 days, not necessarily, but it is best practice to do so.

      Comment


        #4
        Originally posted by HHM View Post
        Keep in mind, charges are only objectionable if the charges total more than $900 for non-necessities during that 90 day period. Thus, if you were simply charging things like groceries, gas fill-ups, prescription drugs etc, it doesn't matter when or what you charged.

        In general, if you made an objectionable charge, it is best to make some payments toward that card (at least the minimums). Is it absolutely essentially to stay current during the 90 days, not necessarily, but it is best practice to do so.
        So, the charge I'm concerned about is a $535 charge for student tuition that I made in early April. If I keep the payments current for the next 90 days but charge nothing else, we are REALLY struggling to just put food on the table. Are you saying they wouldn't object to groceries and gas during that 90 days being charged on the card? I've been thinking NO charges at all for the next 90 days.
        04/01/10 - Hit rock bottom and knew we were going to have to file for bankruptcy and surrender our home. 12/14/10 - Filed Chapter 7, 02/09/11 - 341 Hearing, 04/14/11 -

        Comment


          #5
          Ideally, if you commit to filing BK, you should stop using credit cards. However, for some people, that is just not possible in the short-term so they need to charge necessities, and that is fine. Realize, once you do stop making a payment, the bank will cut off the line of credit so you won't be able to use the card at that point.

          It is highly unlikely that anyone will object over $535 regardless of what it is for (except for payday loan places, they tend to object over small amounts). Ideally, you should make at lease one payment ON THAT CARD that you charged the $535, doing so at least precludes the argument that you made a charge with no intent to pay it back.

          Comment


            #6
            Originally posted by HHM View Post
            It is highly unlikely that anyone will object over $535 regardless of what it is for (except for payday loan places, they tend to object over small amounts). Ideally, you should make at lease one payment ON THAT CARD that you charged the $535, doing so at least precludes the argument that you made a charge with no intent to pay it back.
            And I guess sincce the minimum payment is more than the $535 anyway, if I make this next payment, I should be good as far as continuing payments, huh? If I don't make the payments, I don't need to use it for necessities - so tired of chasing my tail here!
            04/01/10 - Hit rock bottom and knew we were going to have to file for bankruptcy and surrender our home. 12/14/10 - Filed Chapter 7, 02/09/11 - 341 Hearing, 04/14/11 -

            Comment


              #7
              If the minimum payment on that card is that much, don't bother. Preserve your resources, the worst case scenario is that the creditor objects and you emerge from BK still owing $535. As I said above, the risk of any objection on that amount is so minimal so as not to worry.

              Comment


                #8
                First post here...I charged $1300 on a lowe's card. It's weird since we planned to use $1300 from DH's acct and $500 from mine to buy shingles/roofing stuff for our leaking roof.

                So, in order to avoid paying with two cards at the store, we bought gift cards on each account - one for $500 and the pther for $1300.

                Now I'm seeing the error of that thinking. We've done nothing with either card right now but Lowe's (of course) won't return them.

                So, I'm thinking we should wait for a few months (how long? AT least 3-5?) before filing and make payments on these accts.

                In the meantime, can we pay a lawyer a retainer?

                We're filing a BK13 due to a recent (2004) BK7 after the death of our daughter and birth of twin boys.

                So - how long should we remain current on these cards and how much trouble will this be when we file?

                Comment


                  #9
                  Originally posted by pepperoncini View Post
                  First post here...I charged $1300 on a lowe's card. It's weird since we planned to use $1300 from DH's acct and $500 from mine to buy shingles/roofing stuff for our leaking roof.

                  So, in order to avoid paying with two cards at the store, we bought gift cards on each account - one for $500 and the pther for $1300.

                  Now I'm seeing the error of that thinking. We've done nothing with either card right now but Lowe's (of course) won't return them.

                  So, I'm thinking we should wait for a few months (how long? AT least 3-5?) before filing and make payments on these accts.

                  In the meantime, can we pay a lawyer a retainer?

                  We're filing a BK13 due to a recent (2004) BK7 after the death of our daughter and birth of twin boys.

                  So - how long should we remain current on these cards and how much trouble will this be when we file?
                  If you are doing a 13, it doesn't matter. In a chapter 13, the odds of an unsecured creditors objection decrease exponentially relative to a chapter 7. I wouldn't worry about, get your financial recovery underway and get your case filed ASAP.

                  Comment


                    #10
                    Even though it's a 0% to unsecured BK13?

                    Family of 6, DH is the only income and we gross about $3K/mo. We're definitely broke.

                    Comment

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