Questions about cc charges

[marielle]

I am a soon to be filling chapter 7 pro se. I have a question about charges made on a credit card. I used my card in the month of Dec to tune of around $1000. My husband told me three days after christmas he was moving out (nice christmas present I know). I am a full time student with no income. Since he left I have only made one payment on the card. My charges were all christmas presents, clothes for the kids, a cell phone payment, gas, groceries ect... I have met with three lawyers and they all said that since the 90 day period will be up I should not have any problem. But, filing on my own I am nervous that they will try to say I charged it knowing I could not pay it. I would have been able to make my payments had he not left. I was not planning on filing for bk until all this happened. But he is not paying on the mortgage or anything else and I am unable to pay the bills myself I am forced to. If anyone has been in a similar situation and has any advice to offer that would be great. btw I have talked to the cc company and they know the situation. Thanks

[tigergem]

I don't have any personal experience in the Chapter 7 realm, but it is my understanding from having been reading a lot on this forum for the past few months that this will not be a problem. You might want to check the Chapter 7 board for more encouraging reading, but definitely come back to the Pro Se board for procedural support.

Oh, and I really wish you a LOT of good luck.

[HakunaMatata]

I wouldn't be concerned. You didn't make any luxury purchases and the purchases have aged 90+ days (plus you made one payment and you have a solid reason for your pursuit of BK protection).

When I began interviewing BK attorneys I was concerned about recent CC charges as well. I used one card in lieu of cash (for necessities) and paid it off monthly prior to contemplating BK (approximately $1k per month). All the attorneys advised me to cease payments immediately. I filed less than 90 days later and my charges didn't present an issue.

[marielle]

Thanks for the input I am quite sure I can handle this without a lawyer but I don't want to complicate my case at all. If there was a problem it would be with just those charges though right? not ALL the charges on the card?

[tigergem]

You're less than 2 weeks out from your 90 day look back. Can you wait that long to file?

Also, not to be nosy or personal or hurtful, but are you planning on filing divorce? The reason I am asking is a divorce can be expensive if it turns nasty. Are you going to rack up attorney and child custody evaluation bills? Psych evaluations? Guardian ad litems? That kind of stuff? If there is a possibility of that happening, you might want to wait to file until after all of that.

[marielle]

Well, I am. But for some personal reasons just havn't been able to take that jump yet I am expecting the divorce to be non contested, he doesn't want the kids and my BK should take care of any debts/property that we have together. My only concern is that if I put it off he may decide to fight me on the something. I am not in a really huge hurry for the BK so I may try to just do the two of them together. I am going to try to do both myself. I have met with quite a few lawyers and done alot of research so I think that I can handle it. I just need to do it. Thats a really good point though.

[tigergem]

I would say, if you can wait on the BK, maybe you should. "Just in case." Also, if you read through the threads here, you need to be sure there is some sort of indemnification clause in your divorce. I'm not sure exactly what it is supposed to say, one of the lawyers posted it in a different thread. Theoretically, without that clause, if you file BK and then if he files BK, then his/your joint debts can come back to you like a boomerang. I mean if I understood it correctly. which I might not have. Something to ask an attorney about.

[marielle]

Tigergem, do u know where I could find the thread about the clause? Thanks

[tigergem]

Look for posts by BKDefender. I think he is the lawyer that posted that info, so it should be in his post history. Use the google search at the top of the page, or find a post that he wrote and see if you can find it under his profile.

Oh here. I found it. I put the words "divorce indemnify" up there in the google search and found it right away. http://www.bkforum.com/showthread.php?p=376231