How far back can creditors question your purchases?

[whirlwind123]

At the 341 meeting., how far back can the creditor question your purchase/convenient checks etc.????6 months or 1 year? I am in the state of Ohio.

[justbroke]

It's usually only for 90 days back for most of the "luxury" purchases aggregating over $600 to any single creditor. That's for non-dischargeability. Also, if it appears that you amassed a bunch of debt in a short period (basically running up your cards quickly buying Plasma TVs, jewelry and other things), then it may be indicative of "eve of bankruptcy" spending. The Trustee can question you in general on why you're in debt. Some ask outright, why you're there at the table and why you are $90K in credit card debt.

The Trustee isn't the one to worry about, though, when it comes to large balance transfers and other significant purchased int he preceding months before filing. That is specifically up to the creditors themselves to look into.

[liz417]

I had a lot of cash advances and c-checks debt, my attorney was very concerned about an objection from a creditor, so we decided to do a ch 13. Long story short, a year later I still hadn't filed and was searching for a new attorney and since so much time had passed between the transactions, it was no longer an issue I am waiting for a ch 7 discharge any day now

P.S. At my 341, the Trustee DID ask everyone if they had any cash advances or transfers over $600 within the past year.

[Confused33]

I'm in Texas and filed 12/21/09. I had purchased a motorcycle for $6000 on my Chase card on 12/5/09.

It got discharged.

I was fully expecting to pay it back but I guess I got lucky. Do a search on my username and check out my posts. There was A LOT that happened in my BK that went against what everything said.

[OhioFiler]

At the 341 meeting., how far back can the creditor question your purchase/convenient checks etc.????6 months or 1 year? I am in the state of Ohio.

Can you provide specifics on what it is that concerns you? How much, when and for what purpose?

[whirlwind123]

Most of the purchases were made two years ago., the major ones., I ran into some financial problems., lent people money., relocated and it didn't work., etc., etc. In June of 2008, I actually owed my parents a good bit of money., so they were buying a trailer/camper to stay in in the summer months so I wrote them a convenience check for $20,000.00. And believe me I owed them more than that. THe last two years have been a terrible time., most of my tranfers were to get lower interest rates and it just kept going till it was a vicious circle and I can no longer continue. I will see what my new attorney says if I will file a 7 or a 13. Any advice please....I am at a loss., this is all so devastating and having this forum helps.
Thanks.

[justbroke]

Any advice please....I am at a loss., this is all so devastating and having this forum helps.

Wow, luckily that payment to your parents was more than a year ago, because I'm worried about preferences. (Just barely.) If you paid them more since then, you could have some preference problem (paying your parents over your creditors).

You are also good since the majority has aged (more than 2 years old). I don't think you'll have trouble with that part.

The family stuff will still be interesting.

[whirlwind123]

When I puchased this for my parents I had no intention of filing bankruptcy., I have not given them or paid them back anymore money., I don't have it, they don't expect it., they didn't expect that either., but I knew they needed a place. It is so hard , I feel completely defeated. Like I said most of my stuff originally was 2 years old, and the last year was just for groceries, gas for the car necessities, so I will be filing probably beginning of November by the time I get another attorney, so I should be okay., as the big purchase was June 08.
Thanks

[justbroke]

I think you may be okay. The fact that you haven't paid them anymore is good. You'll have to see what your attorney says about it. I personally believe there's enough distance.

[PdxDavid]

I'm in Texas and filed 12/21/09. I had purchased a motorcycle for $6000 on my Chase card on 12/5/09.

Ah ha! I knew time travel was possible and someone would slip up and give it away. Finally.

[OhioFiler]

Ah ha! I knew time travel was possible and someone would slip up and give it away. Finally.

Look forward and let me know if it is a 2010 model!

[adviceplease]

I wonder about this also. We had a purchase come out on a Visa on 7/31 (thought the purchase was canceled) for $718. If we file mid-october is this going to look like we did it on purpose? We made a payment on it and it is down to $690 so should we pay on it to get it below $600 or is this playing favorites?

We wanted to try and keep this card because it was a mistake and the money came out after the account was suppose to be closed (it closes automaticlly once balance is paid off). This is the only account that may have to be included in the BK that is through our credit union with our 1st and 2nd mortgage and we rather not make them mad since we are reaffirming the house with them.

We will be at around 80 days past purchase when we file.

[landofpoor]

I wonder about this also. We had a purchase come out on a Visa on 7/31 (thought the purchase was canceled) for $718. If we file mid-october is this going to look like we did it on purpose? We made a payment on it and it is down to $690 so should we pay on it to get it below $600 or is this playing favorites?

We wanted to try and keep this card because it was a mistake and the money came out after the account was suppose to be closed (it closes automaticlly once balance is paid off). This is the only account that may have to be included in the BK that is through our credit union with our 1st and 2nd mortgage and we rather not make them mad since we are reaffirming the house with them.

We will be at around 80 days past purchase when we file.

If there is a question far as cutting time frame why not just wait another few months? I guess I dont understand what difference another month or so is gona make a difference unless worrieb bout a judgement?
As for me I quit paying on my ccs last sept and nothing happening yet except phone calls from ca that I never talk to.