Using a creditcard prior to filling

[firsttime]

I understand that the trustee would question a charge over $500, but what if I used my creditcard for a $100 purchase for household nessessities prior to filing....we are still not 100% sure we are going to file, but if we do, we are 6 or so weeks away from doing it.

[frogger]

You might skate by, however it is normally assumed that anything charged within 90 days of filing is charged with the knowledge that you are going to file bk.

In short...... don't do it if you even think you're going to file. You don't need any problems.

[nanlit]

I have to say I used one or two of my credit cards right up to the date of my filing--had no choice--but all of the charges were under $500; gas, groceries, car repairs, etc. and the trustee in my case didn't even bat an eye--questioned nothing! Almost too easy. Discharged 1/09 NDNY

[firsttime]

That's what we thought......another question. What about Debits that are attached to our creditcard like Netflix. We will take those off, but they will still show up, being that it would be less than 90 days...does that count as well as looking bad? They've been on there for a long time.

[backtoschool]

Any credit card charges up to 90 days before filing are considered fraudulent because 90 days before filing is the definition in regards to bankruptcy law of when you know you are insolvent.

A creditor can file and win an adversarial proceeding (separate trial from your bk trial) if fraud can be proven in regards to the charges they file the proceeding on. AP's are expensive though, and a creditor is not going to file an AP for a couple of hundred dollars.

You are probably safe, but I would not charge anything major though, and if at all possible you should stop using the cards.

[frogger]

If you can't stop using the cards now, how are you going to live without them after bk?