Dilemma

[nomore008]

I am under so much stress since I am unable to pay my bills. I stopped paying them last month, should have stopped sooner since I am now behind on the basics: phone, elect, car payments, and mortgage. Now the creditors call all the time. I am trying to get the mortgage remodified, but the paralegal says that is unlikely and that they usually have a BK caluse in it.

I have stopped using the cc's also. Except for today I had to use one to pay to renew my license and creditenals to keep working. The total was less than $250. I know I am not suppose to use them for 90 days before I file, what will this do to me? How will it effect a discharge? We plan on filing Sept 15.
I am trying to get all the paper work filled out now.

My husband had a spinal cord injury last October and lost his job in Feb. If we have to move we have no money to hire some one and we don't know very many people that could help us either.

Thanks

[LadyInTheRed]

The 90 days applies to:

(I) consumer debts owed to a single creditor and aggregating more than $500 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

Thats USC Section 523(a)(2)(c)(i)(I) http://www.law.cornell.edu/uscode/ht...3----000-.html

While the creditor could still try to prove you incurred the debt without intention to pay, it is not worth $250 for them to try.

[nomore008]

Thank you for the information.

I have been reading this fourm and all the info I can find to be informed as much as possible.

[Margaret29]

We used our credit cards here and there over the past 90 days - paid a cable bill a couple of weeks ago and used one at a gas station a few times last month. Our attorney said it was not a problem. He said they are really looking for cash advances, transfers, and large purchases.