Date ordered versus Date applied to card.

[ichb]

Just looking for general opinions here.

Back in early February 2008 I paid off my AMEX so that I could use it to order a new laptop online. IMO I needed this because of my schooling and the computer intensive major I am in. So the computer was ordered in Feb but the charge didn't hit until mid March when they shipped the computer. I still have the order slip. How do you think this will be interpreted?

Thanks.

[Flamingo]

That close to filing will probably have AMEX objecting. Make sure you bring it all to the attention of your attorney.

[HHM]

It is only one month different, but basically, as far as AMEX is concerned, it is the date of CHARGE that is relevant. Thus, you need to wait at least 90 days from the date the computer was actually charged to the account, AND make minimum payments during that time to at least have a shot at avoiding an objection.

But, how much are we actually talking about?

[ichb]

Computer was about $1800 that is including tax and shipping. Remember that I paid them completely off before making that charge, I wonder if that will make a difference?

[HHM]

You need to wait the 90 days, otherwise the charge is PRESUMED abusive.

You should make the minimum payments during that time. Note, you posted this in the chapter 13 forum, is it your intention to file chapter 13 (how do you have disposable income and go to school?).

[ichb]

I'm a student and work part time, but my husband works full time. We are filing chapter 13.

[Flamingo]

When did you retain your attorney? Upon retention, you are always advised to stop using your credit cards immediately if you have not yet already done so and just pay your mortgage and utilities. If you are going to include your vehicles in the Chapter 13, you are advised to stop paying on those also. If you use your credit cards for anything after that time, it could create a big problem and the attorney would need to be advised. It appears you have not yet retained an attorney or did this just prior to his retention. If you are filing Mid-May, has he been provided with this information?

[ichb]

We just notified an attorney that he is who we've decided to use. We haven't paid anything yet. Would be sort of official as of 4/25. The last credit card usage was for like $24 on 4/3 which was right before we realized our situation. We have gotten rid of all the cards and have made sure that all automatic charges have been stopped so no activity on those cards since then.

Sounds like if the charge hit in mid March we should try to wait at least until mid-June to file.

We have our first official meeting with our atty on the 6th and will be disclosing absolutely everything (regarding finances). So that he can do his best to advise us.

My only reason for wanting to file asap is that I have to have filed before I can apply for next years student loan. Will also get prior approval from trustee for this. Atty knows.

Thank you for your advice thus far.

We did not intend to file bankruptcy when we made any of the charges, rather we didn't even consider that an option until after we spoke to CCCS and they advised bk.

So what if we were to ask to pay that bill outside of the bk?

[Flamingo]

Put your whole situation in perspective and on a timeline. What is the date you need to file BK by in order to apply for student loans. When you retain an attorney (he can't do anything for you prior to retention), you will be given documents to fill out for him to prepare your filing). This is not an overnight process and can take a few weeks to get the paperwork completed, in to the attorney and then have the filing take place. You will submit drafts to the attorney who will prepare documentation for you to review before filing and then if all is agreeable with you, you will sign and he will file. So you need to view your student loan deadline as a force to be reckoned with as to your planning. My daughter deals with Stafford Loans for her college and they have a July deadline at the latest for the application to be submitted online for the fall semester. Not knowing your deadlines, you will have to work with your situation to fall into the period where your filing can be done before that time.

Since the charge hit in March, make the minimum payments on that account and you will be asked on the paperwork you receive to list all charges over a certain amount for at least a six month period and an explanation as to each. Be ready to explain all to your attorney.

Best of luck to you.

[ichb]

I have signed an agreement to represent with my atty. He has advised me to forward collections calls to his office already.

AMEX was one of the creditors I referred. I'm wishing I had asked about this before. DOH!

I'll check on the application deadline for the student loans. We did make one slightly more than minimum payment and when our check comes this week I'll make another.

Thanks again for your help.

We actually have most of our documentation compiled. I've been focusing on nothing else mostly since we found out about our situation so I've got a binder with folders in it and a spreadsheet. We're even almost done with our personal property inventory.

[MajorMike]

You need to wait the 90 days, otherwise the charge is PRESUMED abusive.

You should make the minimum payments during that time. Note, you posted this in the chapter 13 forum, is it your intention to file chapter 13 (how do you have disposable income and go to school?).

HHM I work full time AND go to school full time online.
It's possible.

[MajorMike]

I dont get why you have to file in order to get student loans.

We just notified an attorney that he is who we've decided to use. We haven't paid anything yet. Would be sort of official as of 4/25. The last credit card usage was for like $24 on 4/3 which was right before we realized our situation. We have gotten rid of all the cards and have made sure that all automatic charges have been stopped so no activity on those cards since then.

Sounds like if the charge hit in mid March we should try to wait at least until mid-June to file.

We have our first official meeting with our atty on the 6th and will be disclosing absolutely everything (regarding finances). So that he can do his best to advise us.

My only reason for wanting to file asap is that I have to have filed before I can apply for next years student loan. Will also get prior approval from trustee for this. Atty knows.

Thank you for your advice thus far.

We did not intend to file bankruptcy when we made any of the charges, rather we didn't even consider that an option until after we spoke to CCCS and they advised bk.

So what if we were to ask to pay that bill outside of the bk?

[MajorMike]

Don't mess with Amex. They filed an objection on us immediately. They are now getting at least 50% of our debt paid outside of the BK and unchargable.
I'm very lucky to have gotten that...as I know I should pay the whole thing. This was 3 months before filing. ( charges in July, filed in October )

[ichb]

I'm not sure why I have to file first before filing for student loans but that is what the student loan people said.

Thanks for the warning on AMEX. Strangely enough they have been the nicest of the collectors so far. Very professional and even wished that my situation got better soon. Probably because I'm not even 30 days late with them yet.

I presume you meant undischargable?

Thanks for the post.

[MajorMike]

I didn't have to file first to get my student loans. Are they Stafford? Or Private?

I'm not sure why I have to file first before filing for student loans but that is what the student loan people said.

Thanks for the warning on AMEX. Strangely enough they have been the nicest of the collectors so far. Very professional and even wished that my situation got better soon. Probably because I'm not even 30 days late with them yet.

I presume you meant undischargable?

Thanks for the post.