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charging on Credit cards before filing

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atyehong

Member
What is the name of your state?tx
Is it a good idea to not charge anything on credit cards if someone is planning to file? If someone has charged in one month and files same month, is there any limit that may sound fradulent on filing?
 


racer72

Senior Member
Most charges, especially cash advances, will not be dismissed if they were incurred 90 days prior to filing.
 
Debts incurred with no intention to repay are not dischargeable in a c. 7 case under the fraud exception of section 523(a)(2). Credit card purchases of luxury goods or services, or cash advances, aggregating more than $1,225 in the 60 days preceding filing are presumed to be fraudulent. Bankruptcy attorneys usually advise their clients to cut up (or at least stop using) their credit cards immediately after the first meeting.

90 days has nothing to do with PURCHASES made on credit cards. Payments of more than $600 to a credit card company within 90 days preceding filing might be avoided by the trustee as a preference, but the avoidance doesn't affect the debtor except by reinstating the debt.
 

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