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Will there be a problem when I file chapter 7?

Tewksbury, MA |

I'm planning on filing chapter 7 bankruptcy in 5 months and I just used one of my credit cards last month ($98.00),so my question is, if I stop making payments from now til the time I file will there be a problem that I used the card and never made a payment on it?

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Attorney answers 2


Given the relatively small amount that you used your credit card for, and given that you are not planning to file for five months, it is unlikely that there will be any problem about the $98.00 charge.

Consult your own bankruptcy attorney for any special local practices that might change the answer to your question.


Stop using your credit cards if you're contemplating bankruptcy. Yes, $98 is a relative small amount, but incurring debt with no intention to repay it can be considered fraud under the bankruptcy code. Practically speaking, the issue will not likely cause a problem....but using the card once, can lead to another time, and then another, and then a problem in the bankruptcy case.

Speak to a bankruptcy lawyer who can guide you through this process. The last thing you want to do is compromise your ability to get a discharge of all of your debts.

Hang in there. I know that this is a tough time, but once you have that discharge, you'll have the fresh start that you deserve.

Good luck,

Bill McLeod