So upset! advice please? Trying to file in December but cc had charge in October

[Bloodflowers]

I am preparing to file next month. My attorney indicated I needed to wait 90 days after last credit card use. Well....I got a credit card statement yesterday that indicates a 39 auto charge was made on 10/19 for the local newspaper. I knew this was on autopay a few times a year and I took steps to change this 2 months ago so this situation should have never occured! Obviously the newspaper didn't change their info....this is a small rural paper that I could only make changes to by mailing in a paper form.

I called my attorney but he's away until Monday. The assistant there believes this will postpone my bankruptcy by at least 60 to 90 days from the date of this charge. I cant wait to file...waiting that much longer will likely mean I won't be able to qualify anymore.

Any advice or experience? Is there a rule you can't file if you had charges or is it the attorney's discretion? Do you think it would matter if the newspaper credited back the charge they should have never made?

Thanks for your help!

[oregonpilot]

Welcome Bf....you have come to the right place. Lots of great folks on here to help.
As for the auto-charge. I think its such a small amt that it probably isn't going to be a biggie. I had an auto charge from Virgin Mobile of 20. to AmEx within the 90 days. Totally forgot cuz it only comes every 3 months at 20.
Was never a problem for me.
But then i don't know diddlie squat...hummm maybe that IS ALL i know .... diddlie squat.

AGREE...try to get it credited back.

[frogger]

For $39.00, I wouldn't sweat it. It is best to have 90 days or more in, but this shouldn't be a problem. I would see if the newspaper would credit back the charge however.

[DebtEnder]

Umm kinda a bad thing but on the day I filed I had no money for gas to get to the office to sign the paperwork, so I used the CC. Never heard a word about it. Again small charge under a few hundred. It is not worth the CC's time to go after small charges. They can't dismiss your case only ask the recent charges to be non-discharged. The rest still would be however.

[Bloodflowers]

Thanks for the advice everyone. I am breathing again.

Yes, i plan to go see the local newspaper and get them to credit it back or whatever it is they do.

I feel like I can at least get through the holiday week to hear from my attorney now. This whole process is so anxiety-provoking that I just want to keep things going and not stretch this out any longer than I have to. I'm sure everyone feels like that.

[drowning123]

$500 and above is cause for alarm. Bloodflowers, proceed with your filing. The trustee is looking for obvious abusers and 39 bucks ain't abusive, plus it's a silly autopay error. Stop sweatin' it and file as fast you can. My own experience on this is I took out a payday loan for $300 about 30 days before filing and never paid one penny back. I didn't hear squat about it. You're fine. File away.

[tcreegan]

Hi Bloodflowers,

plan to go see the local newspaper and get them to credit it back or whatever it is they do.

Not worth your time nor theirs, switch to a paper bill since the cc will get closed in the BK.

You're fine, take a deep breath....relax.....slowly exhale....

Tom in Colo

[oregonpilot]

Thanks for the advice everyone. I am breathing again.

Yes, i plan to go see the local newspaper and get them to credit it back or whatever it is they do.

I feel like I can at least get through the holiday week to hear from my attorney now. This whole process is so anxiety-provoking that I just want to keep things going and not stretch this out any longer than I have to. I'm sure everyone feels like that.

It's good to keep everything going. I can attest to that. Met w/attorney in June. dragged my feet till august thinking there had to be a better way even after paying 200. retainer.
ACK I only had income of 25. and 39. the 2 months b4 filing. So it was pretty pointless hanging on. I could have been out of the 60 day club by now. Great people in this 60 day club though.
Gonna miss you drowning123....technically. LOL

[drowning123]

I'm technically out of the club today (day 61). LOL.

[tobee43]

I am preparing to file next month. My attorney indicated I needed to wait 90 days after last credit card use. Well....I got a credit card statement yesterday that indicates a 39 auto charge was made on 10/19 for the local newspaper. I knew this was on autopay a few times a year and I took steps to change this 2 months ago so this situation should have never occured! Obviously the newspaper didn't change their info....this is a small rural paper that I could only make changes to by mailing in a paper form.

I called my attorney but he's away until Monday. The assistant there believes this will postpone my bankruptcy by at least 60 to 90 days from the date of this charge. I cant wait to file...waiting that much longer will likely mean I won't be able to qualify anymore.

Any advice or experience? Is there a rule you can't file if you had charges or is it the attorney's discretion? Do you think it would matter if the newspaper credited back the charge they should have never made?

Thanks for your help!

i don't think that amount will much matter....however, sometimes the trustee does ask you when was the last time YOU charged....well, in this case you didn't exactly "charge" anything...but it could cause them to take a "closer" look.

personally i would try to get the charges removed if you can...immediately stop auto payment ...we went directly to the bank itself and gave and rec'd a written document to stop immediately any and all auto pay.

if i were you..i would, as difficult as it may be ...i'd wait out the 90 day period...the atty works for YOU...and only you can really know what's best for you. if it were me, i would wait just to be certain...i wanted no stone unturned.

[oregonpilot]

No disrespect Tobee43.
But if Bloodflowers waits for the 39. to fall off the radar but then not qualify to file??? Just wondering
Like i said i dont know diddlie squat!
I know its best not to have ANYTHING to be questioned, but at what cost.

[brokejoker]

We had a credit card that was attached to our credit union and we had to pay it or they would lock up our accounts. So we would pay then take a cash advance and put the money back into out account to pay the next month's bill. We did that even on the month we filed and we had no problems with our BK. The worst thing that could happen is they make you pay the $39 charge. Samll potatoes, go ahead and file!

[tobee43]

No disrespect Tobee43.
But if Bloodflowers waits for the 39. to fall off the radar but then not qualify to file??? Just wondering
Like i said i dont know diddlie squat!
I know its best not to have ANYTHING to be questioned, but at what cost.

oh by no means none taken oregon...it's just i have been there and done that with an AP and it's terrible...i don't want to wish it on anyone and we waited and still had to go through it.

and on the board lately, it's a bit scary with what these trustees seem to be doing....i just would feel better if nothing or everything was clear for the 90 days because why...I AM PARANOID!!!!! don't mean to be..it just seems as though after going thru all this it just that feeling doesn't seem to go away that quickly.

it's the only reason i suggested it...but if op's atty thinks it's ok, then and they feel comfortable with it, go for it. i'm just a big scaredy owl........LOL!!!!

[oregonpilot]

I know that one. I am a scaredy cat. I am still having my periodic panic attacks about Carecredit. I had the 5500. dental emergency in April. had made 2 payments, had already stopped paying all the other CC's in april.
Then my attorney tells me to quit making that payment too. . I'm saying but, but, but....He put his foot down said STOP.
That is the ONE i am afraid off.........

[tobee43]

I know that one. I am a scaredy cat. I am still having my periodic panic attacks about Carecredit. I had the 5500. dental emergency in April. had made 2 payments, had already stopped paying all the other CC's in april.
Then my attorney tells me to quit making that payment too. . I'm saying but, but, but....He put his foot down said STOP.
That is the ONE i am afraid off.........

well, you can imagin us...waiting two years to file and still had one happen (an AP)...of course they backed right down...almost before it got filed...even the trustee was like...excuse me???

but we had to still deal with it, which was an added pain to an already very stressful situation. and, of course after waiting so long to file we thought we were in the clear only to find out that necessarily does not stop a creditor from filing....and the amount was not much at all...under $500...which is what shocked us completely! like i said, it went no where, but it was just an added burden.