Is there a time limit on credit charge purchases to stop before trying to discharge them through a bankruptcy Chapter 7? ?
3 attorney answers
I agree with the other 2 answers. STOP now using any credit card though also and obtain a local great bankruptcy attorney. Some persons mix up using a credit card also with cash advances also as different rules apply. BUt the only thing you need to understand is that you want to find an attorney now where you live. Why? Other issues and facts can affect your case so I will point out merely some of those next and hope the best for you.
You need and want to enjoy your fresh start also. But the most important thing is to meet with an attorney as you asking this question means you have not. You care about 2 goals: keeping everything you have equity in and discharging all your debts. If you don't have any of the exceptions to discharge you will obtain that goal; most exceptions are set forth in 11 USC. 523 (Google it) like child support, some income taxes, traffic (in a ch 7) and criminal fines , and presumption of student loans. But some debts are dischargeable in a ch 13 but NOT in a ch 7 so you want to make sure and your attorney will discuss any such types with you also!
Your exemptions depend on what state you have lived in in the last 2 years and thus if in your state, then your states exemptions will apply. Most persons filing keep everything they own but your attorney will confirm that with you when they learn everything you own and the equity thereof!
Some secured debts like homes, vehicles, other secured debts an attorney will discuss your options on also as you must list any debts; but that does not mean you will lose them unless you have too much equity or are in default on paying for them! Discuss those options if they apply with your attorney too.
But other issues can arise that can greatly harm your case. Just one example: If you paid back a relative $3,000 11 months ago and now file bankruptcy next week, the trustee can SUE that relative to retrieve that $3,000 (under what is called a preference) for the benefit of the bankruptcy estate. As a result, most attorneys don't charge to meet with them the first meeting so meet with one no matter what.
Many great attorneys can be found right here on AVVO in your state so look, call, and meet one as soon as you can.
You should also want to know when to file: is there an advantage of waiting versus filing now and who should you pay between now and then! Good luck and enjoy your later fresh start.
You're in danger of having those debts declared exempt from discharge.
Brother counsel is correct, and you really are right at the point where a court would question whether your petition is filed in good faith.
I'd suggest you get an attorney and discuss this immediately.
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Consumer debts incurred within 90 days of filing a Chapter 7 bankruptcy are presumed by law (to the extent they exceed $600.00) to be fradulently incurred. Outside of 90 days, it is still possible to have them deemed non-dischargeable, but the creditor's burden of proof loses the presumption of fraud that arises when the debt is incurred within 90 days of the filing for bankruptcy.
Best practice is to stop using the credit cards and try to make sure you have no less than 90 days between the last date of use and the filing of the bankruptcy.
Advice on this forum is for informational purposes only and should never be mistaken as a substitute for legal advice. If you are in need of legal advice, you should consult local legal counsel.