Legal Question in Bankruptcy in California

Credit Cards

Can I use my credit card after consulting with a bankruptcy attorney? For living neccesities.


Asked on 9/28/07, 4:02 pm

2 Answers from Attorneys

Carl Starrett Law Offices of Carl H. Starrett II

Re: Credit Cards

It is not a particularly smart idea. I strongly recommend to my clients that they stop using their credit cards for a MINIMUM of 90 days before filing for bankruptcy. Borrowing money without the intent to repay it could be construed as fraud. The creditor bring an action called an adversary proceeding and request that you be denied a discharge, or at least denied a discharge with respect to the more recently incurred debt.

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Answered on 9/28/07, 4:18 pm
Robert F. Cohen Law Office of Robert F. Cohen

Re: Credit Cards

If you are going to be filing bankruptcy, the answer is "no" although people have been known to do so. As Mr. Starrett writes, it would smell very fishy and won't sit well with anyone. The attorney you consulted should have told you that, as well.

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Answered on 9/28/07, 5:13 pm


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