If I have used charge cards for basic living expenses, should I still wait 90 days before I start the filing process?

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If I have used charge cards for basic living expenses, should I still wait 90 days before I start the filing process?

Asked on October 27, 2012 under Bankruptcy Law, Florida

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you are still using the credit cards, you really should wait 90 days or more before filing.  Continue to incur debt that you know that you are not going to pay or going to be able to pay can be considered fraud in the bankruptcy system.  If the credit card company complains that your use was fraudulent or unnecessary, they can request the bankrupty court to dissallow your request to include those amounts in your bankruptcy resolution.  This means that the court could prevent you from discharging these amounts through the bankruptcy and order you to repay the full amounts--- which really defeats the purpose of filing for bankrutpcy.


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