scared

[jfuller10]

Hello, I have not filed bankruptcy yet, but we have started to pay the atty. I stopped paying my credit cards a few months ago the reason i am worried is we went to the grocery store and put like $400.00 on a credit card do you think they will consider this fraud? I was unsure at the time if we were going to do bankruptcy.

[pathfinders]

That is a Big No NO,

you need to put at least 90 Days of no activity before you file, and at Least 6 months with NO charges as far as Cash advances or large Luxury Items, ( Big TV>s) yes if you charged the 400 and say you file before 90 days has passed that can be a problem.

When was the Date of the Charge?



Didn't your attorney let you know or tell you do not use anymore CC?

[ccsjoe]

If I understand what you said correctly, that you stopped paying a few months ago, then your 400 charge must have also happened a few months ago correct? You should be ok, just make sure your attorney is aware as he/she should know your local trustees and what will be allowed or not.

[jfuller10]

My atty told us it was ok to charge as long as it was under $500 and not a luxery item, but i am still a little scared.

[pathfinders]

When was the charge Made? How long ago?

Maybe someone sles can chime in But I think 90 days was a pretty standard Rule as far as stop using CC's for charges.

[ccsjoe]

Agree with pathfinders. The question here is really how long ago was the charge.

[jfuller10]

it was about 60 days ago

[pathfinders]

Is that the Only Charge you have made on any of your CC's in the last 60 days?

When to you plan on Filing? If you are thinking 30 days or more form today for example or 90 or more days from the last charge you will be OK.

Jfuller10 to be super safe Put as much time as you can between your last charge and your file date, if you can wait an additional 30 days or say 2 months from now.. the more time the better

[ccsjoe]

Presuming you won't be filing for another couple weeks or so, I don't see a problem then, however make sure your attorney is aware of this charge. I sincerely doubt the cc is going to file an AP over $400. The trustee however may frown on it and give you some extra scrutiny if this charge shows up on his/her radar...which will not happen unless they ask for copies of your cc statements.

In my own case, we used our cc's 26 days prior to filing date, our attorney was aware, and all charges were relatively small (sub-$40) and all on living expense items such as gas, groceries, etc.

[jfuller10]

thank you guys so much for all your help

[SunshineGal]

I would think the worst case is they would make you pay the $400 back. At our 341 the Trustee asked everyone when they last used a credit card.

[dumpinmydebt]

I'd wait at least another 30 days before filing to try and play it safe.

Good luck to you.