is this fraud?

[mgs0987]

I am happy for him, I'm just a little jealous that it was so easy for him...whereas I charged on my card within 90 days and thats clearly fraud. see what i'm saying?

[keepmine]

I am happy for him, I'm just a little jealous that it was so easy for him...whereas I charged on my card within 90 days and thats clearly fraud. see what i'm saying?

That's not clearly fraud. If the charges were nonluxury or less than $550.



(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

[Dollar amounts in subsections 523(a)(2)(C)(i) and (ii) are adjusted on April 1 every 3 years by section 104. Adjusted amounts effective 4-1-07 are in brackets.]

(ii) for purposes of this subparagraph--

(I) the terms "consumer", "credit", and "open end credit plan" have the same meanings as in section 103 of the Truth in Lending Act; and

(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.

[MakinMeCrazy]

WOW!!!!!!!!! Glad your not my relative! seriously why be so judgemental? I mean he's your brother...wouldn't you want the best for him? Thank God I only have one son..no sibling rivalry! CONGRADUALTIONS to him and his bride....I hope his BK works out, and I certainly hope you don't throw a monkey wrench in his life plans!

[Empire]

If he uses any credit cards or loans to pay for the wedding then I would say he would be.
She must be a real sap if shes marrying him knowing he needs to BK, unless shes in way over too...

[CreditCretin]

Just because you used your credit card within 90 days doesn't necessarily mean it's fraud. Have you talked to an attorney? I used some of my cards up to 35 days before I filed, and then stopped using them after retaining our attorney. It was not a problem in our case, although I guess every district can be different. None of the purchases were luxury items, all groceries, gasoline, etc. It was not a problem in our case at all. In fact I had a major dental emergency about 1 1/2 months before we filed and I had to charge 1,000 for an emergency root canal. Doctor wouldn't do it unless I paid upfront, long story. That didn't cause a problem for us either, the attorney said that if it was a medical emergency (and it was) that the trustee wouldn't have a problem with it, and he didn't.

One of the things I learned here, is that planning (and timing) your bankruptcy case is one of the best things you can do for yourself. I would try to be happy for your brother, and let him figure out his case, and life, and you yours.

[Cristo]

I have to say that my lawyer told me that if I got my parents or a boyfriend with no job to move in with me he could get me a Chapter 7 instead of me being stuck in a 13. My response was that getting a freeloader to move in would not be the problem.......it's getting them to move out! Ch 13 here I come....

Your brother might not have to marry her to get a CH 7, unless she wants to ditch her debt too and they do a joint 7....

[AngelinaCatHub]

I have to say that my lawyer told me that if I got my parents or a boyfriend with no job to move in with me he could get me a Chapter 7 instead of me being stuck in a 13. My response was that getting a freeloader to move in would not be the problem.......it's getting them to move out! Ch 13 here I come....

Your brother might not have to marry her to get a CH 7, unless she wants to ditch her debt too and they do a joint 7....

LOL I liked your answer. Too many young ladies have live ins who have no trouble not working. It is my opinion if a young guy is unemployed, he has a FULL TIME JOB, that is, going out to find employment. But, I'm old fashioned like that.

I don't believe the OP's brother is marrying just for bk. That is a bit radical in my opinion. Like using a hammer to kill a mosquito. 'Hub