Legal Question in Bankruptcy in Massachusetts

responsibilties for recent credit card charges

If one is filing for chapter 7 bankrupcy, what are the responsibilities for recent credit card charges? Is there a specified amount of time before the filing date for which the debtor is still responsible or is it a monetary amount for which they cannot exceed during a specified period before the filing date? For example, if I charged $1000 in the past month and have decide to file now, will I be responsible for the last month of charges?

Also, If I owe $6000 to the federal government for taxes for 2002 can that be included in with the bankruptce filing?


Asked on 3/10/03, 12:55 pm

1 Answer from Attorneys

David Baker Law Office of David Baker

Re: responsibilties for recent credit card charges

As regards credit card usage, the primary issue is whether you have used the cards too much in the last few months. Some people decide they're going to file bankruptcy, and then stop making even the minimum payment and using the cards like crazy. That's considered an abuse of the system, and will not be tolerated. On the other hand, if you've not used the cards excessively and have made a reasonable effort to pay the debts, it probably would not be too much of a problem. As regards taxes, ALL debts must be "included" so that the bankruptcy court has a fair and clear picture of your financial situation. Taxes generally are not "discharged", however. "Discharged" means you are relieved of the legal obligation to pay the debt. Taxes, student loans, alimony and child support, are some of the types of debts that are not discharged. If you have any other questions, please feel free to call. Best wishes.

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Answered on 3/10/03, 5:13 pm


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