Legal Question in Bankruptcy in Minnesota

using card prior to bankrupcy

My husband went away to try to work in colorado. he never made it , he became ill and hospitalized there and our car died. the only thing he had was our ccredit card and checks which noone would take so my family exhausted all our recources to sink into the card so he could use it to get him and his gear home in a rental car. also gas. we went over and they tacked on a huge over the limit fee and finance charges. now theres no way i can come up with that . is this going to be an issue if i file a bankrupcy? we were actually going to see if we could make it without filing but now i dont think we have a choice. part of why he got sick is that we were not eating! he came in severely vitamine defficient. We now have 1 vehicle that does not run, a sink thats broke we cant fix, and now a huge bill we cannot pay, plus we can no longer skimp on basic needs like food. I want to give up and start paying an attorney but now im worried about the charges we incurrec on the card to get him home. i did pay inabout 1,300 to the credit card prior to him using it, it was not my intention to abuse it or go over.what is likley to happen in bankrupcy court. should i wait? if so will it do me any good to send my creditor what i am able?


Asked on 4/27/08, 6:37 pm

1 Answer from Attorneys
David Kelly-952-544-6356 Kelly Law Office

Re: using card prior to bankrupcy

The question with a debt like this is always "was it incurred with the intent that it not be paid?" When the bankruptcy is filed right after the debt is incurred, it is likely that the creditor will be able to object on the grounds that you never intended to pay - which is fraud.

When I am concerned about a debt like that, I like to see at least six months pass before filing. If you were to make some minimum payments during that time, it would probably help with the problem.

However, your problem is much too complicated to be dealt with here. You need to go face to face with a lawyer who works in this area and get some real advice.

Answers here are for general information purposes only and are not legal advice. This does not create an attorney-client relationship.

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Answered on 4/28/08, 12:25 pm


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