dischargeable accounts

[dagger53]

how long does an account have to be active to be dischargeable? i have just used two accounts that were 0 bal since sept 2011.

[lrprn]

how long does an account have to be active to be dischargeable? i have just used two accounts that were 0 bal since sept 2011.

Are you talking about credit cards? Have you filed bk already or are you planning to file in the near future?

[shark66]

Presuming that these are credit cards, what you used them for - along with the amount in question - might be more important than the length of time per se...

Good luck to us all.

[dagger53]

they are credit cards, i have not filed yet. i am planning on filing in 2012, sometime.

[lrprn]

they are credit cards, i have not filed yet. i am planning on filing in 2012, sometime.

The general rule is to be safe it's best to not to use any of your credit cards for at least 90 days before filing. \

The 90 day timeframe comes from an interpretation of the bk law that if a charge is questionable and the charge is older than 90 days, the creditor has to prove it's an abuse. If the questionable charge was made within 90 days of filing, then the filer has to prove that the charge was not an abuse.

However, for necessities like food or car repairs to stay employed, most Ch 13 trustees will look the other way as long as the charges are reasonable even if they are made within 90 days of filing. Still, keep receipts for anything you must charge within 90 days in case your trustee asks for proof the charges were indeed necessary.

However, all bets are off if the charges are for luxury items such as jewelry, art, expensive vacations, etc. or if the charges are excessive or unreasonable. In that case, a creditor can file an objection on potentially fraudent charges going back a year.

Hopefully this answers your question about pre-filing unsecured credit card charges timeframes.