Question about credit card charges

[katie]

I'm sorry to be posting again - I just have so many questions. Anyway, I keep seeing threads where people are posting they are waiting three months until the credit card charges are off their most recent statements before filing. I also see posts that say you can file and if you have recent charges you might be responsible to pay those charges back. Is that a possibility?

When we went to see the first attorney (she was very rude and condescending though so we switched), she said stop paying on anything you want to get discharged obviously including credit cards and said it would be 6 months before they can sue you for non-payment. I wouldn't mind paying the charges within the last three months to go ahead and get something started. I just want all this to be over with and don't want to get sued!

Also, I am working some overtime at work (seasonal only) and my husband just started a new job, so our income will go up mine only temporarily though so not enough to even make a itsy-bitsy dent in our total cc debt, so would rather file while our income for the previous 6 months are lowest.

Does anyone have any suggestions?

Oh, edited to add that his income from his new job will only be about 1/4 of what he used to make. So, we are not going to have anywhere near the income to even pay minimums on the credit cards like we used to.

[CatsInTrouble]

well, if you have to pay for recent usage, then you do. It can't be that much can it, right? It doesn't ALWAYS happen. Consider the costs the CC companies will have to incur to sue you etc. PLUS it doesn't affect the REST of your BK- everything goes on as normal.

[yuckhatethis]

I had posted earlier about our cc activity right before we filed (there was quite a bit of it), anyway-I also keep seeing people post about waiting. I hadn't found this board until a few days ago, but when I filed, my attorney (who I've been told is one of the best around) never said a thing about any potential problems. Until I started reading the posts here, I wasn't even worried about our credit card usage because the charges were either for ordinary living expenses or to pay another card. Now I'm pretty freaked out though! Sorry to not answer your question-I think I'm just adding to it! Anyone want to chime in on this one?

[katie]

Well I think the biggest and last charge was a $450 medical bill. I had been paying a small amount each month, but when my husband's income was wiped out to nothing, I had no choice but to put it on the cc to keep from going to collections. I had nothing left to send them. This was before we knew we would have to file. Basically, just gasoline, groceries, I think there were a few "non-essential" charges as it was Christmas time for a couple gifts and we went out to eat a time or two (we eat cheap though no more than $30 each). I wouldn't mind paying that back as in the big scheme of things it is mild and minimal to our overall cc debt. If everything else does go away with only this to pay, I would be more than satisfied.

I replied to one of your earlier posts, yuckhatethis, regarding our debts and accounts at Bank of America. I think our cases sound pretty similar.

[yuckhatethis]

Yep-looks like we're in about the same boat. I really think that as long as charges were for necessary things, we'll be ok. I mean a person has to live right? My trustee seemed like a pretty reasonable guy, so I'm hoping that because I've been forthcoming and honest he'll know that I was just doing what I had to do to keep going. In retrospect, I wish I would have waited just a little bit, but what's done is done. We actually only spent about three weeks from the time we first even thought of bankruptcy until the day we filed. I took the band-aid approach-the faster you pull it off.... We'll see how that goes here...

[PoorGrammyinBK7]

We had no plans to file, but suddenly were in a mess and had to. We had a $250 medical charge and a few small ($50 or under) charges for gasoline or groceries. They were within the last 2 months before we filed and totaled less than $500. Nothing was challenged.

I think as long as its small charges and necessary expenses, you are probably okay. I believe its the creditor who has to object.

Now if you took a cash advance for thousands of dollars, or bought some fine jewelry (or any luxury items) within the last 90 days before filing - better to wait at least 3 months (preferably 6) and pay at least the minimum payments for a few months, because creditors can object and the debt would be non-dischargeable, so you would have to pay it. I am not a lawyer and this is not legal advice - just my personal experience.

[catleg]

The law is written assuming you're a scumbag, especially post-BAPCA. So if they're going to treat you like one, you might as well act like one.

[TEW]

Well I think the biggest and last charge was a $450 medical bill. I had been paying a small amount each month, but when my husband's income was wiped out to nothing, I had no choice but to put it on the cc to keep from going to collections. I had nothing left to send them. This was before we knew we would have to file. Basically, just gasoline, groceries, I think there were a few "non-essential" charges as it was Christmas time for a couple gifts and we went out to eat a time or two (we eat cheap though no more than $30 each). I wouldn't mind paying that back as in the big scheme of things it is mild and minimal to our overall cc debt. If everything else does go away with only this to pay, I would be more than satisfied.

I replied to one of your earlier posts, yuckhatethis, regarding our debts and accounts at Bank of America. I think our cases sound pretty similar.