bankruptcy thrown out?

[bkruptfool]

I read this post on another forum and got to thinking, is this true? and how often does it happen?

"When I talked to a lawyer about filing bk he explained the 90 day period like this:

If your debt is less then 90 days old at the time you file, the creditor that you owe that debt to can object to the bk, and the judge can throw out the whole bk, not just the one debt. But just because they can doesn't mean they will. It's still ultimatly up to the judge."

[SinkingFast]

Maybe it can happen, but,............... Honestly, very few of us have the BK Judge get involved in our cases at all.

Generally,............ Ch 13, where there's a Confirmation Hearing. Pro Se filers who reaffirm debt. The Judge has to be sure they know what they're doing and it doesn't pose an undue financial hardship on them. Those are routine instances.

Most of the time, if a Creditor Objects, just the debt being Objected to might not be Discharged. At that, the Creditor has to prove you knew you were gonna file when you took on the debt. Even in the 70/90 day window, it can a tough case for the Creditor to prove.

How can any one person say what's going on in another person's brain at any given moment. For sure, for sure??!!

[sofarindebt]

I would think

if they saw like a huge amount charged on several cards or even one card within the 90 days and it was for luxery goods, they might think you filed in bad faith?

On the bankruptcy petition where you list your debts, is there anywhere that asks when the debt was incurred??? I have some payday loans so I am a little worried about this also.

[ilovemycaitybug]

I was told not to charge anything in the 90 days prior to filing because it would look like fraud. Put as much time between the charges and filing as possible.

[HHM]

It would have to be large and excessive use to justify the tossing out of the whole BK, I have never actually seen it happen, so it has got to be a rare thing. Generally, the worst case scenario is that you have to pay the debt back.

[CATCHMEIFYOUCAN]

Hmmm

I would think
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if they saw like a huge amount charged on several cards or even one card within the 90 days and it was for luxery goods, they might think you filed in bad faith?

On the bankruptcy petition where you list your debts, is there anywhere that asks when the debt was incurred???

I listed the debt as incurred the day I received the credit card/loan. I guess I twisted the question a bit, but no additional questions were asked about THAT!

I have some payday loans so I am a little worried about this also.

Like I mentioned in my other post, I had a $10,000 credit card I just received in March 06. I transferred the whole balance to pay off another card. I practically wiped out that whole balance in one month ($6000 in one day in cash advances at 2 casinos), I filed in JULY. My case has been discharged since Jan of this year. Call me Lucky ?

Catchmeifyoucan