How far back does the trusteelook at credit card statements?

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How far back does the trusteelook at credit card statements?

Can I buy some clothes and food 2 months before I file?

Asked on July 1, 2011 under Bankruptcy Law, Arizona

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

If you buy before you file, the trustee can see if you were doing it so you avoid having to pay. This is one of the basics of bankruptcy and you can risk your bankruptcy being dismissed for this very reason. Courts used to see people racking up debt right before filing and then attempting to discharge all of it after having the benefit of items like cars, clothing, and personal items. Talk to a bankruptcy counsel about how far the look back goes, because it can vary from state to state and judge to judge. More detailed judges look back quite far but I believe the general look back is about 90 days to a particular creditor but some can be as much as several years. If you begin to pay back certain creditors over others during this look back period, the court will think you are giving preferential treatment to one over the other.


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