question about intent to repay cc

[tacomeat]

backstory - i made about $30k of lots of small charges last summer - no single transaction over $500 - at a time when i didnt have a job, and only kept the payments up for about 2-3 months after the charges stopped (and i think the last couple were less than the min due). no charges since, and im probably going to be filing bk within the next few months if i can make it past that one year mark of no charges. (full story in previous posts)


obviously no one KNOWS whether an AP will happen or not. but one thing i thought of today was that at the time i made the charges, i probably had enough in my IRA to match the value of that extra debt i took on.

so would this be a decent defense against intent to repay? i HAD assets, i just chose not to use them?

granted, they could argue that if i am stipulating that i COULD have made the payments with those funds, then why didnt i keep doing so?

hmm

(although, when you factor in my previous years old debt, im sure i had a negative net worth - which makes me think of another question - if only 1 credit card files an AP, can they use my entire financial picture against me, or could i just demostrate i had enough assets at the time of their questionable charges to pay THEM back ... since they are the only ones objecting?)

[justbroke]

I wouldn't even worry or speculate until an AP/Complaint is filed. If this was all on one card, then the creditor would still need to prove that you were insolvent at the point, and you say that you had assets.

So, justbroke says... just don't worry about or speculate about this. It is what it is at this point. It is highly unlikely that anything will happen.