Legal Question in Bankruptcy in Texas

using credit card during bankruptcy

My wife and I are in the process of jointly filing Ch 7 bankruptcy. All the papers have been filed, and our court date is in 3 weeks. We have 1 credit card which wasn't included in the bankruptcy because it had a zero balance. Due to an illness in the family, we need to purchase airline tickets. If I was to use that card now, would it affect our bankruptcy? Could the other creditors file an objection since we were using another credit card? If I don't use the card now, how soon after the court date can I use it? Thanks in advance for any suggestions


Asked on 4/25/03, 12:06 am

1 Answer from Attorneys
Cheryl Rivera Smith The Smith Law Firm

Re: using credit card during bankruptcy

You can use your credit card. By "court date",I am assuming it is your 341 hearing. If so, just tell the bankruptcy trustee about the circumstances and use of the card. He or she may require that your petition be amended to reflect the new debt. Obviously that debt will not be includable in your bankruptcy estate. Keep in mind that your bankruptcy is not over at that hearing and, depending on creditor objections, etc., you will not receive a final discharge from the court until 3-6 months after the hearing.

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Answered on 4/25/03, 8:00 am


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