Questions about Chapter 7

[Jackdog]

Here are my worries. All of my debt except for one credit card are years in the paying. The one I'm worried about the trustee having an issue with I got in July of 09. Most of the stuff I spent it on were groceries and cash advances to pay bills. I also have a medical bill on there from when I was bit by a dog. I work at a job where I need my hands so that's why I used the card for cash advances and groceries. I had to take a little over a week off work after the dog bite. The card was issued in July of 09 with a 5000k limit. The balance now is a little over 4000k. Only about 700 of it went to medical bills rest was just groceries and cash advances for month to try and stay above water. I'm worried this will look bad to trustee. I plan on filing in May and haven't used the card in about 3 months. Should I be concerned?

Thanks

[SMinGA]

The cash advances could be an issue - but I'm not sure how long the 'look back' is on that.

The medical bill should not be an issue. Unless someone can argue that you were trying to get bit - NOT likely. I have an ER bill from Sept. (turned out to be a kidney infection, major back pain & fever manifested over the weekend just before Labor Day) and nothing was said. $2000 in bills between the ER Doc and ER. Filed 3 months later. Nothing was ever said.

[Jackdog]

I was planning on filing in May, so I the last cash advance I took was last year. Should I wait a little longer to file? I'm just really confused and scared. The attorney, I talked to, has told me flat out the house won't be an issue I pay the mortgage every month. But I'm still scared.

[liz417]

I was planning on filing in May, so I the last cash advance I took was last year. Should I wait a little longer to file? I'm just really confused and scared. The attorney, I talked to, has told me flat out the house won't be an issue I pay the mortgage every month. But I'm still scared.

How many payments did you make on the cash advances?

[Jackdog]

I'm up to date on payments on that card. I took out a total of 1250 in cash advances. 300 in August of 09 and 650 in September of 09.
Had the card since July of 09 have been making payments since opening.

Edit. My bad late and I'm exhausted. 950 total in cash advances.

[Jackdog]

I've made every payment on the credit card. Only 950 of the 4100 is cash advances. No big item purchases on the card. The last cash advances I did were in September of 09. I've been paying the minimum required every month, a couple times more than minimum. I completely stopped using the card in December of 09. Just one purchase that month for around 20 dollars.

[Jackdog]

Sorry didn't mean to double post. It's not showing my post when I click submit so I thought it didn't go thru.

[coolmom04]

I haven't had my 341 yet, but we took out 1800 in cash advances on one of our cards from Sept through Dec 1 to pay for clothes and car insurance. We don't actually have the card anymore, so we did a balance transfer from the card to the checking account.. and then spent most of the money out of checking, but did withdraw $500 of it for clothes. We don't have checks or a debit card for the account, only an ATM card.

So we've paid three payments on that card since the last use/advance just in case b/c we don't want any trouble, but who knows what will happen. The attorney doesnt seem to think it'll be an issue except we paid them more than $600 in the last 90 days so the trustee will go after the bank for those payments (from what I understand.. that won't hurt us.. just between the trustee and the bank).

It seems like the trustee can do whatever he/she pleases with look back time frames. Some want 3 months of statements, some want 1 year of statements!

I'm sure more experienced posters will come along with better & more clear answers