question about 90-days before filing
Date: Sat, 10/11/2008 - 08:29
I took a trip to visit my mother, would that affect my eligibility?
I have been paying a creditor more than $100 a month, but it was part of a settlement offer, and also a debt consolidation company, total so far for that is (300), would that affect it too?
Thanks
Does anyone know if that will prevent me from filing?
Does anyone know if that will prevent me from filing?
I'm in a Ch 13, so I'm not too familiar on how the Chapter 7 and
I'm in a Ch 13, so I'm not too familiar on how the Chapter 7 and the means test goes. Have you retained an attorney for you bankruptcy? He/she would be the one to ask about your situation.
No. I can't afford an attorney, so hopefully I am able to get le
No. I can't afford an attorney, so hopefully I am able to get legal aid. I'm just getting my papers together to meet with the legal aid office in 2 weeks and I'm anxious to get this over with and I am just nervous that those issues I asked on here would hurt my chances of having my debts discharged.
The trip to visit your mother shouldn't hurt anything unless you
The trip to visit your mother shouldn't hurt anything unless you paid for it with credit. The payments that you've made to your creditors also shouldn't affect your debts being discharged. If the trustee determines that the payments were preferential payments, s/he could make the creditors return the money so that it could be distributed to all of your creditors. It's not a lot of money, so I doubt that it would even happen.
The 90 days issue is that you shouldn't use your charge cards or credit cards within 90 days of filing. Cash advances of more than $750 obtained within 70 days of filing are presumed to be non-dischargeable, and purchases of luxury goods/services in excess of $500 owed to a single creditor are presumed to be non-dischargeable. I believe most attorneys recommend not using credit at all for the 90 days before filing.
Thanks Alias, My trip was used with my check/debit card, I ha
Thanks Alias,
My trip was used with my check/debit card, I haven't used a credit card in years. Paying the creditors I did beacuse I was trying to clean-up my debt, but then when I was sued and reached a settlement with them, I had to pay them to avoid granishment. I was also paying a debt consolidation company but it only $30 a month for that, that used to be a lot more, but then when they told me that some of the creditors wouldn't cooperate with them, I took them off and it is only $30 a month for that since May.
Sorry for all the questions, I'm just anxious to get this over with and I am fearing that I will have my bank account frozen.
One note on my above post: I should have said that luxury good/
One note on my above post: I should have said that luxury good/services over $500 to a single creditor within the past 90 days are considered to be non-dischargeable. Since you haven't charged anything in years, you should have no problems. Until you file, I would definitely keep paying whatever you need to pay in order to avoid garnishment.
Good luck!!