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Is it common for 341 Trustee meeting in USBC Central Dist CA, to ask purpose of prior CC charges leading up to BK filing?

Huntington Beach, CA |

Married, but filing solely for BK 7/13. Current on all debts secured (home mortgage) and unsecured (cc and personal), everything is in my name. Possibly considering BK as last ditch to free myself from CONSUMER CC DEBT of 66k. While justifiable in my mind, such as $1500 car repair, purchase childs bed $550....how will creditor and or trustee view these transactions that happen to fall within 90 days of petitioning.

Attorney Answers 3

Posted

It is not common ... but it will happen from time to time - depending on how much debt you incurred (relative to your income) in the year prior to filing. Cash advances are the most frowned upon ... followed by luxury purchases.

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Filemon Kevin Samson

Filemon Kevin Samson

Posted

I agree with my colleague, Mr. Whitaker. Also, unless you are divorced or separated maintaining separate households, remember to include your spouse's income in the calculation of your household income for purpose of qualifying under the means test.

Posted

It shouldn't be. The trustee represents your creditors "collectively." The trustee will not advocate for any one particular creditor; as such, the trustee usually doesn't care about individual credit card charges.

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Posted

I agree with my fellow attorneys. Have you passed the means test?

Free consultation. Direct line- 855-637-0938 .24/7. Video/Phone/In-Person. aalok.sikand@gmail.com. I provide my clients with honest, thoughtful advice and diligent, vigorous representation in a number of practice areas. I serve Ventura, Los Angeles, Orange, Santa Barbara and San Diego Counties. I wouldn't take any of my answers on avvo.com as legal advice since there are still too many factors that need to be discussed before I can give you a reliable opinion.

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