@Anonymous wrote:
I'm going through a divorce and decided to file chap7 early July but in May I had what some would consider "luxury" purchases. Ie; $300 lawn mower, $400 generator, -$100 cooking equipment, $50 jewelry, etc..... Now this type of spending is not uncommon for me during my marriage. Never had lates or collection's but I used cc to get miles. I'm now paying all the household bills & personal debt.
Question: Will the creditors say I ran up charges while knowing I was filing bankruptcy? Thus committing fraud. My spouse and I were trying to mend fences before I made the puchases so I thought bankruptcy was no longer needed. This is my truth but the creditors can't see that considering they don't live with me.
Im nervous the creditors may dispute the recent charges and my case could be dismissed labled as fraud. I believe the rule of thumb is no large purchases within 90 days before filing. The issue is if I wait 90 days it will wreck my credit score if I'm unable to make payments, which I cant.
Once again I thought bankruptcy was off the table that's the reason I used the card. What are your thoughts?
Not supposed to make any charges whatsoever once you know you are going to file Bk.
The 90 day rule is for preferential payments and charges of $650 and over. Here is a link that explains more: http://www.nolo.com/legal-encyclopedia/objections-the-bankruptcy-discharge.html
The BK will wreck your credit score anyway. Making payments just prior to filing won't 'save your score' at all.
Did you actually file or just turn in the paperwork to the attorney? If you haven't filed yet - hold off a bit. If you have then you will have to see what the Trustee does in your case. The trustee just might make those charges non-dischargeable.
No, it isn't okay to keep charging right up to filing.
