Used credit card for food and car insurance

[CarlCee81]

I used my credit card for food and car insurance 90 days before filing I'm concerned about the 60 days. I did make all the minimum payments until that time.

[justbroke]

Welcome to BKForum.

No one is going to blame you for surviving.

Unless there was a.) more than $800 charged within the 90 days, or b.) it was for luxury goods and services, or c.) for a cash advance (over $1,100), no one will care. (This is to a single creditor.) Buying food and insurance is not considered luxury, unless you are out buying caviar and Wagyu beef by the pound. I had actually charged gasoline to a card the day after filing. I didn't know I wasn't supposed to use the card. Nothing happened and the account was closed.

I'm not saying go run out and charge up your cards. I'm just saying that the code only makes an "assumption" of not being able to discharge if you exceed those numbers. A creditor would still need to file an adversary proceeding to get the debt declared non-dischargeable. I can't give you a figure or tell you that a creditor won't seek an AP for a small amount, but I consider $4,000 to be the threshold (it costs money to litigate). Again, I'm not advocating or condoning running up a card just prior to filing. Just letting you know my experience with this.

(Source 11 USC 523(a)(2)(C) for presumption of non-dischargeability. Note that the numbers are adjusted from the 2005 amendments and are published in the Federal Register.)

[CarlCee81]

Only that particular debt won't be discharged within the 90days or the entire amount of what you owe Assuming a AP was filed.No luxury Items

[justbroke]

Only that particular debt won't be discharged within the 90days or the entire amount of what you owe Assuming a AP was filed.No luxury Items

Only that particular creditor and only if they filed an adversary proceeding. Please trust me that this is generally a non-issue... especially if you're either under the $800 in 90-days or the hypothetical trigger ($4,000).