Bankruptcy

Cash Advances and Credit Card Usage Prior to Filing

By Richard K. Gustafson

It is never a good idea to continue to use credit when you know you are not in position to repay the debt. In the bankruptcy context, creditors can object to the discharge of recently incurred debt. There are complicated rules about this, but suffice it to say that if you are in financial trouble you should NOT be using your credit cards.

If you end up filing for bankruptcy, the portion of the credit card debt you incurred could be held non-dischargeable and you could be stuck paying it back, despite the bankruptcy. These types of objections from creditors are uncommon. However, when the facts clearly show the debtor used credit cards recently before filing, creditors are much more aggressive about pursuing a court order holding the recently incurred debt non-dischargeable.

If you have recently used your credit cards and you are seeking bankruptcy advice, you should disclose this fact to your attorney. This issue once again highlights why it is important to consult experienced counsel to represent you. Your attorney can discuss specific time frames and potential solutions to these types of problems.

Full post as published by Consumer Bankruptcy Blog from Legal Helpers on February 19, 2007 (boomark / email).