Stopped using all CC's End of April but...

[LeadSledGal]

Since I still theoretically don't have the extra cash yet from not paying my CC, (because I'm using that money to pay the attorney), I had to use a CC that had a zero balance.

I needed food, gas, clothing, household stuff, and a few non-necessity items like mother's day, father's day, birthday gifts....just this month and it added up fast.

I plan on making at least 2 payments on it to cover the items that weren't totally necessary. I didn't even want to use this card but I did.

Is there anyway I can reaffirm a debt like this? Or since I am filing BK that I have to include it with the other cards?

[JackBondLove]

Since I still theoretically don't have the extra cash yet from not paying my CC, (because I'm using that money to pay the attorney), I had to use a CC that had a zero balance.

I needed food, gas, clothing, household stuff, and a few non-necessity items like mother's day, father's day, birthday gifts....just this month and it added up fast.

I plan on making at least 2 payments on it to cover the items that weren't totally necessary. I didn't even want to use this card but I did.

Is there anyway I can reaffirm a debt like this? Or since I am filing BK that I have to include it with the other cards?

So long as you pay back all the debt incurred after you have determined that you had become insolvent, and have waited 3 months until filing - or less time if the amount is less that the statutory amount for being considered as a payment to a preferred creditor (can't recall the amount offhand) - there would be no problem.

Short answer - wait 3 months after paying that back, and you'll have no problem. I am presuming that the gifts were not exhorbitant in any way.

[LeadSledGal]

The gifts were no more than $66 for baseball game tickets.

Problem is, I won't be able to pay back the entire amount ($1,000) before filing, which is late August, so that's only 64 days or so.

[keptdigging]

Seems to me you should just make the minimum payments (too much more would be preferential which isn't fatal, but could make you an asset case), and include it in your bankruptcy. See if they object to discharge. If they do, offer to settle. Since you seem prepared to pay the entire amount back (just not in the next 64 days)--your worst case is that you have to do exactly that.

(Gurus?)

Two other thoughts:
- Don't let this distract you from your timetable.
- Your bigger issue is that you aren't going to have CCs to fall back on in the future.

[geye]

We have a purchase on our card for $1100 that will be close to the 90 days old mark when we file. Our attorney said to not to worry about it if we were willing to settle with the company if they object (which we are).

[keepmine]

Go ahead and file on schedule.
Make the minimum payments on that card. Worse case, the creditor objects to those charges and you settle.
Of course, let your lawyer know about the charges prior to filing.

[LeadSledGal]

thanks for the info everyone