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When should I file for Ch. 13?

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    When should I file for Ch. 13?

    Recently, I had to use my credit card to pay for my property tax ($2200) in CA. I also charged a few purchases last month but they were well under $500 each and a few last week for under $50. I still have plenty of credit left ($40k+) so I hope that the trustees can see that I didn't try to run up my cards before deciding to file for BK. I am definitely done making any more purchases now as I have finally decided to file for BK 13. We are not late on anything but that will change as we have finally decided that enough was enough. Since I made those large charges recently, should I wait to file? I read that the trustee usually goes back as far as 90 days to see if there were any fraudulent purchases. When would be the best time to file? Should I wait until they start serving me and applying judgements? This way I can save the money that goes to the minimum payments and use it toward my lawyer and other costs. Thanks.

    #2
    Originally posted by NeedOptions View Post
    Recently, I had to use my credit card to pay for my property tax ($2200) in CA. I also charged a few purchases last month but they were well under $500 each and a few last week for under $50. I still have plenty of credit left ($40k+) so I hope that the trustees can see that I didn't try to run up my cards before deciding to file for BK. I am definitely done making any more purchases now as I have finally decided to file for BK 13. We are not late on anything but that will change as we have finally decided that enough was enough. Since I made those large charges recently, should I wait to file? I read that the trustee usually goes back as far as 90 days to see if there were any fraudulent purchases. When would be the best time to file? Should I wait until they start serving me and applying judgements? This way I can save the money that goes to the minimum payments and use it toward my lawyer and other costs. Thanks.

    I'd be a bit concerned about paying for the property taxes on the credit card. In my eyes (not an attorney) that takes the priority claim (property taxes) and turns it into an unsecured claim.

    It also sounds like you are going to stop paying on the cards so you can save the money for an attorney.

    As I stated, I'm not an attorney, but this would make me nervous.
    Filed Chapter 13 02/2006 - Confirmed 05/2006 - Discharged 09/2011
    I'm not an attorney. My replies are merely suggestions or observations, not legal advice. As always, consult with an attorney before making any decisions.

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