Legal Question in Bankruptcy in Oklahoma
Prior to filing Bankruptcy
I am planning on filing Bankruptcy chapter 7 in the next 1-2 months. As of now I have $5K cash available in credit cards I can advance. Can I take this advance prior to filing. The money will be used to pay attny fees for this and a divorce attny. Also I need to buy things like ref., washer/dryer and wanted to place on credit cards, will I be able to keep them afterwards or will the credit card company get them back? I am maxing out all my credit cards and getting new ones and it is my understanding that as long as the debt I run up is 40 days prior to filing it can be discharged as long as it's an unsecured debt. Is this true or am I getting myself in trouble.
Thanks
1 Answer from Attorneys
Re: Prior to filing Bankruptcy
If you know you are going to take out bankruptcy, your plan is unlawful and immoral. The other word for it is theft or fraud. You should rip up your credit cards now. The use of your cards when you have no intent to repay them is illegal. Any attorney who recommends use of a credit card to get his fee when he is advising you to take out bankruptcy should be disbarred and sent to prison.
I would hope you have more integrity than your message infers, and that you have a change of heart and do not engage in this kind of conduct. If you or your family owned a business, how would you feel if someone treated you like this?
If you do go ahead with your plan, I hope you get caught and sent to prison. On the other hand, you can still take out bankruptcy and discharge the debts which you cannot pay through no fault of your own. You may have to hunt for a more honest attorney, but they are out there. You may also want to talk to Consumer Credit Counseling about getting some help to learn how to budget and manage you money. You may want to talk to family about your decision. Perhaps some of them can help with some loans or gifts to help you get on your feet.
The purpose of bankruptcy is to provide a fresh start for people who suffer from credit burdens through no fault of their own, i.e. illness, losing a job, etc. It is not the means for you to take unfair advantage of innocent business people.