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Using Your Credit Cards Before Bankruptcy

Ok folks, here’s an easy one. Let’s get this out there in the clear. People are watching. When most people file Chapter 7 Bankruptcy, they are looking to eliminate their credit card debt and get a fresh start. For most people that is exactly what happens.

But sometimes people who are facing debt decide they are going to do some funny things. One case I remember, right here in San Jose, had a guy who filed bankruptcy right after he racked up nearly $10,000 in credit card debt. Credit card companies tend to notice things like that.

What you are most likely to face is a Motion to Determine Dischargeability if you have filed bankruptcy after doing such a short-sighted thing. What we would hope is that you would hire a good attorney who would discover this fact prior to the filing of the bankruptcy case and try to find a way for you to mitigate this issue.

If that Motion is filed, and the credit card company is able to show the charges you made on your credit card right before bankruptcy, it can end badly for you. The Creditor will have a good argument and decent evidence that you charged up your credit card knowing that you were going to file a Chapter 7 or Chapter 13 Bankruptcy. They will have strong evidence to show that you never had any intention of repaying that money back.

This all points towards the creditor having their motion granted and you being required to pay off those charges you made on your credit card. I would not advise any client of mine to go down this road. You simply do not want to try to defraud your creditors this way as it is fairly easy for them to track your charges and make a case if the facts support such a charge.

Do something else.

Call Seabrook Law Offices at 408-703-1563 for a consultation today.