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Why 3 months prior to filing the BK no CC use?

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    Why 3 months prior to filing the BK no CC use?

    Do the trustees ONLY look at activity or spending patterns in the last 90 days of spending on the credit cards?

    #2
    This explains what you can expect in regards to credit card usage and questions in your bankruptcy:

    "Consumer debts incurred within 90 days before filing, totaling more than $500, and owed to a single creditor for “luxury goods or services”, as well as cash advances within 70 days of filing for more than $750 from a single creditor are presumed to be nondischargeable. See 11 U.S.C. § 523(a)(2)(C)(i) and (ii) Moreover, it’s considered bankruptcy fraud to use your credit card to obtain goods or services if you do not intend on paying it back or if you do not have a reasonable belief that it can be repaid. Credit card companies typically look at the following factors in evaluating whether to challenge a debtor’s bankruptcy petition:

    * Increased use immediately before filing
    * Substantial use of recently issued card
    * Use of credit card for luxury items
    * Cash advances up to 12 months prior to filing
    * Exceeding the credit card limit
    * Use of credit card for a large percentage of living expenses
    * Sudden change in buying habits before the charges were made

    The bottom line is that the longer the time period between the date you file your bankruptcy petition and the date you last used your credit cards, the less likely a creditor will ever challenge your bankruptcy in court."

    So it's not just about what the trustee looks at. It can be brought to the bankruptcy court's attention by creditors that debtors engaged in iffy credit card transactions prior to filing. The trustee's job is to protect the interests of creditors. If the creditors question it, the trustee will be sure to ask you about it.

    Hope that helps a little
    Filed pro se, made it through the 341, discharged, Closed!!!

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      #3
      That helps a lot free2breath. Thanks very much for the information. Makes me a little nervous though... because we used our credit cards for everything in general.

      Comment


        #4
        Originally posted by RLOPE View Post
        That helps a lot free2breath. Thanks very much for the information. Makes me a little nervous though... because we used our credit cards for everything in general.
        If you used them the same "in general" that is what F2B meant. It is the habit of use that changes will bring up the question. 90 time slot distances yourself from the recent history so give yourself enough of non use as the presumption of abuse by using the cards when you are OBVIOUSLY about to bk gives a bad vibe to anyone. The more time the better and NEVER pay one more than the other. Don't ever favor a creditor even if it is you Mother. 'Hub
        If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

        Comment


          #5
          Originally posted by RLOPE View Post
          Do the trustees ONLY look at activity or spending patterns in the last 90 days of spending on the credit cards?
          You don't want the trustee looking at all, so the last 90 days there should be no use on them. You don't want any cash transfers within 12 months, and you just don't want anything that is not "normal" on them.

          The trustee may not look at all, however you could have a cc company examine the charges to see if there was anything out of the norm. That could bring an ap which could give the trustee reason to look.

          Just be "normal".
          All information contained in this post is for informational and amusement purposes only.
          Bankruptcy is a process, not an event.......

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