Legal Question in Bankruptcy in New York

How soon after incurring debt can you file for BK?

I have carried credit card debt for years. Recently I have racked up a lot more though, due to medical bills, car repairs, back utility bills and home repairs.

Should I wait a certain amount of time before filing for bankruptcy so it does not look like I did something fraudulent? Does the court really know where and what I charged on my credit cards?


Asked on 11/17/08, 6:50 am

1 Answer from Attorneys
Craig Robins Law Offices of Craig D. Robins (www.BankruptcyCanHelp.com)

Re: How soon after incurring debt can you file for BK?

If a creditor thinks you "charged up" on your credit cards with the intent of filing for bankruptcy, the creditor can object to your discharge. However, this is relatively rare.

Also, the charges for the purchase of "luxury goods" in the period just before filing, and taking cash advances during a similar period, can also be non-dischargeable under certain circumstances.

You do not provide enough info to give you a definite answer. It would be best to contact our office for a free consultation. Chances are most likely that you can file relatively soon and discharge your debts. However, only an experienced bankruptcy attorney can sufficiently advise you.

Our office regularly helps people eliminate their debts in bankruptcy. Please call us for a free consultation. We have four convenient offices, including one in Valley Stream. Please check our web site which contains a wealth of information about bankruptcy: BankruptcyCanHelp.com.

Read more
Answered on 11/17/08, 11:52 am


Related Questions & Answers

More Bankruptcy Law questions and answers in New York