Attorney said to relax about the 90 days rule prior BK

[seamoonil]

The Attorneys that I visited this week, they all told me that it really doesn't matter the amount that I spend on each cc during the 90 days to bankruptcy; they told me that what really matters is what kind of purchase I make. He said that 2k in food, gas, utilities, car fixing, car tires and clothing, is nothing comparing with $500 on best buy or jewelery store.

The Attorneys that I saw they seem to be very (I wouldn't say careless), but too relax about chapter 7.

I don't know, it seems to good to be truth.

[Mensa1]

Sounds like you rec'd good advice. Bk 7 is for those that got over extended and it gives a path for a fresh start. It is not designed as punishment, although there can be some mental torture during the process. The law allows you to wipe out debts that you acquired, excluding fraud. So utilize every advanatage that the law provides you and this is best accomplished by following the Attys advice.

[seamoonil]

Sounds like you rec'd good advice. Bk 7 is for those that got over extended and it gives a path for a fresh start. It is not designed as punishment, although there can be some mental torture during the process. The law allows you to wipe out debts that you acquired, excluding fraud. So utilize every advanatage that the law provides you and this is best accomplished by following the Attys advice.

It amazes me, I still shocked; they all say like: "look don't worry about anything your situation is heaven; there is nothing they don't even show up to the 341 metting".

The way they explained was very simple; people filing chap. 7, don't have to worry about the purchase from the past 90 days, he said food, gas, car fixing or tires, clohing, utilities; the judge wont do a thing to against credit cards holders.
But, best buy, eletronics in general that could be a problem.

They said chapter 7 can be filing anytime; the person only needs to watch the purchase if was generally eletronics during the 90 days because can be a problem.

[frogger]

I agree, however once you see that attorney, you need to stop using the cards. When you know that you are insolvent, it could be construed as fraud to continue using the cards.

[Dst1]

I agree with both the attorneys and frogger. One thing I will add is that what precisely will and will not fly also depends on the judicial district you are in and even what trustee you get. There is a difference between the letter of the law and how that law is applied. Some districts are more strict in their interpretation of the rules than others, which is why it's always a good idea to seek local advice.

[seamoonil]

I agree with both the attorneys and frogger. One thing I will add is that what precisely will and will not fly also depends on the judicial district you are in and even what trustee you get. There is a difference between the letter of the law and how that law is applied. Some districts are more strict in their interpretation of the rules than others, which is why it's always a good idea to seek local advice.

I agree, the attorneys that I saw; they were all very clear about what to expect at the local corthouse(341); they all said that for chap7 the trustee almost never show up.

[flyinbroke]

Actually I think trustees DO show up, it is creditors that almost never show up.

And now that you are filing, you have to stop using the cards entirely. If you use them, and it is considered fraud, they may not be dismissed in a BK. Time to forget the plastic exists.

[justbroke]

It's good advice, but the way it is worded worries me! It's not so much "relax about the 90 day rule" as it is... "it's okay to purchase food, clothing, necessities during the 90 days". The whole "relax" thing would make people let down their guard, in my opinion.

Regardless of the advice given, if you're making significant "eve of bankruptcy" charges, you could face either scrutiny or unwanted -- and perhaps unwarranted -- interest by not on the UST but the creditor(s).

[DeadManCrawling]

I'm with JB on this one.

It is good that local practices there are more forgiving, but I would be careful to not push that limit any more than you absolutely must. There has to be some point at which the trustee, or a creditor, would say, "Hold on there, Skippy! That 3 month pre-payment of cable TV is a little much." Or something similar.

[seamoonil]

Actually I think trustees DO show up, it is creditors that almost never show up.

And now that you are filing, you have to stop using the cards entirely. If you use them, and it is considered fraud, they may not be dismissed in a BK. Time to forget the plastic exists.

I meant creditors almost never show up not trustees sorry!

[LALADY]

Nothing like the UST joining in on a 341. Been there, done that, not fun.