Use of credit card

[Maquitagirl]

So is it 90 days exactly with use of the credit card before filing or should you wait 90 plus days just to be sure there would be less chance of an adversary proceeding?

I made a charge on one credit card for $142 on March 18th for some clothes for my children. Could I file anytime after June 18th or should I wait till July 1st to ensure less chance of a adversary proceeding. I made one payment of $70 after I made the charge on March 18th.

I can wait till July 1st but lately I just want to get it over with and not have to deal with this anymore. So could I have them file June 20th and not have to be the one to prove that I wasn't being fraudulent.

[keepmine]

File away!
The law says luxury purchases of over $500 in the 90 days prior to filing carry the presumption of abuse. Nobody cares about $142 that you've made some payments on.

)

(i) for purposes of subparagraph (A)--

(I) consumer debts owed to a single creditor and aggregating more than $500 [$550] for luxury goods or services incurred by an individual debtor on or within 90 days before the order for relief under this title are presumed to be nondischargeable; and

(II) cash advances aggregating more than $750 [$825] that are extensions of consumer credit under an open end credit plan obtained by an individual debtor on or within 70 days before the order for relief under this title, are presumed to be nondischargeable; and

http://doney.net/bkcode/11usc0523.htm

[catleg]

Thought I would just add the definition of luxury goods for completeness:

(II) the term "luxury goods or services" does not include goods or services reasonably necessary for the support or maintenance of the debtor or a dependent of the debtor.

[Maquitagirl]

Thank you both for your help. I feel so much better now. You two are the best!!