silly purchase prior to retaining Lawyer

[joaquin]

I am about to file Chapter 7 and I decide to make a last purchase ( a designer handbag) from Dillards. I actually purchased one a couple of months ago before I planned on filing that the other the day before retaining the attorney. My question is should I return them. They are the only things on my Macy's account that I can return since I have used everything else. A friend of mine that filed a couple of years ago told me that I may as well and now I feel very guilty.

[EveryDayAdam]

you should stop using all credit. If you used credit within 90 days before filing, then the credit has grounds to object to discharge for that much of your debt. Return everything they will let you if you bought it within the 90 day period before you plan on filing.

Also, don't purchase anything else on credit.

[ad_25]

In regards to that, the attorney that we hired said he wasn't that worried about the 90 day purchase thing. Why would he say that? I have read on here how maticulous you all are about waiting the 90 days and we are going to be at about 60 days before we file. I think there will be objections, but he doesn't seem to think so. This is all his firm does is BK....any thoughts to add?

[joaquin]

you should stop using all credit. If you used credit within 90 days before filing, then the credit has grounds to object to discharge for that much of your debt. Return everything they will let you if you bought it within the 90 day period before you plan on filing.

Also, don't purchase anything else on credit.

The purchase was made a day or two prior to the 90 days starting.

[CindyLou]

how much was the handbag?

[joaquin]

the first one was purchase in August was $267 and the second was $270. I also realized an error that I made in my first purchase. Both purchases were made on the same credit card. I don't have a payment due until the first week of October so I can return them.

[B12]

I say, keep them. Not like you went out and purchased a thousand dollar Vuitton!

[CATCHMEIFYOUCAN]

90 day rule

In regards to that, the attorney that we hired said he wasn't that worried about the 90 day purchase thing. Why would he say that? I have read on here how maticulous you all are about waiting the 90 days and we are going to be at about 60 days before we file. I think there will be objections, but he doesn't seem to think so. This is all his firm does is BK....any thoughts to add? by AD25

90 day rule:

I really think it depends on the creditor, some things happen to slide by under the radar. Think about how many people out there in those bk departments that have to shuffle through poop loads of client profiles that have filed bk.

I think its all about timing too. Is the work load slow enough at the time of filing for them to be able to catch every detail or is the work load so overwhelming they don't have time to catch everybody?

I'm amazed how a brand new credit card with a $10,000 limit that I received in April 06 and wiped out by May 06 after filing in July 06 was never an issue. I had only made one payment of $99 before filing. And yet, I think I've seen throughout this forum how one creditor is crying about a couple thousand dollars, whereas I may have had the same creditor and owed way more that that person and not a peep from them during my bk.

Luck of the draw ?

Just my thoughts, Catchmeifyoucan

[Runnin on empty]

I say take them back, for two reasons:

1) For most of us, living with wants instead of needs at least contributed to our decision to file BK. No time like the present to start scaling back and getting used to sticking with only the needs.

2) Would you really like to take a chance on rolling the bones that a creditor won't object over two handbags? I'd rather sleep better knowing that I returned them. BK can be a dangerous minefield, why potentially stack the deck against yourself if you don't have to?

[joaquin]

I was thinking about that same thing. I also realized that I purchased a Nintendo DS from Best Buy( also in September) I did not even think that I was going to filing until a week ago. I also thought that I could just pay that card off until I was advised that I was wasting my time since they will close the account anyway. I have had the best buy card for a year and this was my first purchase, with full intentions of paying it off. I can return the bags especially since i have not used them and the price tags are still on them. I will also speak to see what they think.

[WantToBeDebtFre]

My attorney doesn't seem concerned about the 90 day rule either. He said some people charge their attorney fees. But after reading this forum I decided to wait 90 days to be safe. Now, it's been just 90 days and I want to file next week!

[JollyGG]

I say take them back

1) For most of us, living with wants instead of needs at least contributed to our decision to file BK. No time like the present to start scaling back and getting used to sticking with only the needs.

I really doubt that that one purchase will create problems with your crediotor. If it is one part of a pattern of recent spending you may have a problem.

However, I would agree with those who say take it back, just because of the first reason Runnin on Empty had. It's time to set a realistic budget and figure out when those splurges fit into your budget.

[joaquin]

I have already started scaling back. This was all done ( silly shopping) prior retaining an attorney for bankruptcy. I am living strictly on cash, and I like it a lot better.

[southernbelle]

[joaquin]

I am preferred to pay for them if I have to.