Did I screw up?

[cfgdag]

I consulted with an atty on Thursday evening about filing for chapter 7. Friday evening our computer took a crap...so Saturday we went and bought a new one ($600) and charged it. We plan on turning in our paperwork to the atty and paying him by August 1st. Will this effect our filing? Will it help if I continue to pay on that card until we file?

[justbroke]

It could be, as you made a purchase for a luxury item on teh "eve of bankruptcy". Now, will the creditor file a motion to determine dischargeability... probably not on something $600.

So, you just file normally. There's nothing special to do. If the creditor so chooses to file a complaint as to the dischargeability of the debt, or otherwise contacts your attorney informing him that they will... just settle with them or stipulate to the $600.

You should let your attorney know, just so he is prepared in case the creditor does complain. The likelihood of the creditor complaining is low with that amount... a little higher, and maybe.

As a general suggestion, you shouldn't be using your cards anymore, now that you've decided to file.

[music12]

i don't feel a computer is considered luxury these days. it's a necessity.

i do agree with justbroke that $600 is a relatively small amount, and i don't think any creditor would waste the time to object.

[justbroke]

[QUOTE=music12;295580]i don't feel a computer is considered luxury these days. it's a necessity. [/QUOTE}Luxury, in the Bankruptcy Code, is something not necessary for the health or welfare of the debtor. So, compared to food, clothing and housing... it's a luxury.

Personally, I don't consider having a sub-$1,000 computer a luxury at all.

[music12]

justbroke, maybe a strict reading of the code could indeed make a computer a luxury, but i don't believe any trustee or creditor for that matter could ever say it's a luxury with a straight face, given that in order to say it's a luxury, they would have to, ahm, type it up on their computer and either use the internet to upload it onto pacer or print it using their printer.

[jribe]

I consulted with an atty on Thursday evening about filing for chapter 7. Friday evening our computer took a crap...so Saturday we went and bought a new one ($600) and charged it. We plan on turning in our paperwork to the atty and paying him by August 1st. Will this effect our filing? Will it help if I continue to pay on that card until we file?

make a couple payments on the card if you can; but honestly don't sweat it. If they do dispute it, you'll only end up paying back the $600..

[justbroke]

... but i don't believe any trustee or creditor for that matter could ever say it's a luxury with a straight face...

I hear ya! But Trustees are strange creatures. There are cases where a computer was considered a luxury item. Then again, it depends on your District and how grumpy your UST is.

[music12]

I hear ya! But Trustees are strange creatures. There are cases where a computer was considered a luxury item. Then again, it depends on your District and how grumpy your UST is.

seriously grumpy!! are those cases recent? or was the computer bought for like $10,000 or something?

[justbroke]

seriously grumpy!! are those cases recent? or was the computer bought for like $10,000 or something?

The last case I read the computer was $1,300. That's why I wrote earlier, that a computer approaching $1,000 may be considered "luxury". You know, the 22" flat panel HD monitor with the Bose speakers...

[music12]

The last case I read the computer was $1,300. That's why I wrote earlier, that a computer approaching $1,000 may be considered "luxury". You know, the 22" flat panel HD monitor with the Bose speakers...

they are insane.

is the $1,300 just for the monitor/speakers only? or is the computer included?

[justbroke]

they are insane.

is the $1,300 just for the monitor/speakers only? or is the computer included?

I don't remember. They just said the purchase, so I assume it was for the whole thing.