I plan to file asap and have used about 1k credit in last 90 days.

[stopthebleeding]

Is that a problem will they call it fraud and cancel the whole case for that or would I simply have to pay back the amount I used in last 90 days?

[bige1030]

You'll just have to pay that amount back - but only if the purchases were for "luxury goods and services" or if your creditor proves actual fraud. Either way, there has to be a motion to determine discharge of a particular debt filed in the bankruptcy court by each of the creditors involved if they want to make you pay them back. If there's no such motion made before discharge, you don't have to worry about paying them back.

You probably don't have to worry about denial of your entire discharge just for making charges within 90 days of filing - the fraud that causes that is worse (e.g. lying on credit applications, hiding property).

[lrprn]

$1000 seems to be the 'tipping point' for some creditors - under that they won't do anything, over that they might. Since you took the money within 90 days of filing, the burden of proving you didn't fraudently take the money knowing you were going to file bk will be up to you. When did you first consult with your bk attorney?

[CATCHMEIFYOUCAN]

I wiped out $10,000 on one credit card in less than a month in APRIL 06. I filed in JULY of 06. I wouldn't sweat $1000.

Best Wishes, Catchmeifyoucan !

[stopthebleeding]

LOL catchmeifyoucan . Yeah i figure I haven't even stopped paying them yet of course I don't have cash I just payed my yearly sales tax . My car is broken down and gas prices are through the roof . I really don't have cash right now, so I just hope they are fair about it.

[CATCHMEIFYOUCAN]

The one thing I did and wish I hadn't was throw good money after the bad (as they say in here). I guess cuz I always used my card for gambling I didn't want any fraud to arise so I always kept up at least my minimums until the month I decided to file.

Best Wishes, CMIYC