Very confused, pros and cons of filing now or waiting 90 days

[tobee43]

Lol!!!!!!!!

[mwr]

You stated several good reasons to file now. Your reasons for delaying aren't so good except possibly your last one.

>even if there was just a $10 charge on this card within 90 days, it could be considered an "abuse case"<

I've never seen that happen. I tell clients "no problem" for normal-necessity use of credit cards up to the time they see me (then no more). That hotel item might pop up as a claimed "luxury item" but you should be able to rebut that. However, practices vary with different courts and your bankruptcy attorney should know the local practices.

>All charges made within 90 days are automatically non-discharged<

Not correct. That "90 day rule" is: More than $600 charged to a single creditor for luxury goods or services within 90 days prior to filing is presumed to be nondischargeable.

>We are expecting a federal tax refund for 2009<

Your right to that tax refund is a current asset and must be listed on your schedules if you file now, so it would need to be exempted to keep it away from the trustee. Waiting to file until you receive it means that you would then have the additional money (which would need to be exempted), but you might be able to spend that money in ways that would keep it away form the trustee like putting it in a retirement account or spending it on "acceptable" things.

You should definitely consult with a qualified bankruptcy attorney in your area about your situation.