what if i file bankruptcy????
Date: Sun, 12/10/2006 - 08:57
That is the sort of thinking that got you into a mess so bad you
That is the sort of thinking that got you into a mess so bad you have to file bankruptcy. You need to register and speak with a counselor, they will be glad to assist you, you probably also need some financially counseling
big bri....not to be a wet blanket, but that's really dishonest.
big bri....not to be a wet blanket, but that's really dishonest. The bankruptcy laws are there to protect consumers from huge debts, ones they cannot possibly pay, due to unforseen circumstances or sudden loss of income. They are not there to protect people who incur debts, decide to file bankruptcy, and at the last minute, decide to incur even more, just to buy "nice things" before filing. Also, if you file Chapter 7, you have to give an account of all the "nice things" you own.
If a creditor can prove that you incurred debt in contemplation
If a creditor can prove that you incurred debt in contemplation of the bankruptcy (that is the legal jargon, basically if you took on debt knowing you were going to go bankrupt on it), they can send their lawyers to court to fight the dischargability of that debt. If the judge agrees that you knew you were going bankrupt before you got the money, he will throw it out and you will have to pay for it.
Not only that, but if the creditor wins, then you will also have to pay the legal costs involved with their attorney having to go to court.
Also, if they can prove that you misrepresented your financial situation when you applied for credit, that can also count as fraud.
Thank you, debtcruncher, for putting into legal terms what I was
Thank you, debtcruncher, for putting into legal terms what I was trying to say! I was pretty aghast at someone even contemplating doing such a thing, so I'm sure I wasn't wording my response as well as I should have.
I am not sure if I would go that far, just to have something "NI
I am not sure if I would go that far, just to have something "NICE". In the end, you would probably end up paying for it...
Isn't getting a CC and charging things on it without the intent
Isn't getting a CC and charging things on it without the intent to pay it back called THEFT by deception?
Yea, I would think so..I am not sure that I would want something
Yea, I would think so..I am not sure that I would want something that was going to hurt my credit even more and just dig my hole bigger...LOL
Yeah we mess our credit up enough doing normal stuff why create
Yeah we mess our credit up enough doing normal stuff why create more crap
And, actually, filing bankruptcy is getting to be expensive in i
And, actually, filing bankruptcy is getting to be expensive in itself with the new laws in effect.
When I filed bankruptcy 6 years ago, I remember the paralegal as
When I filed bankruptcy 6 years ago, I remember the paralegal asking about if there were any new charges (there weren't)on my accounts. I remember asking why and she sais there was some stipulation about new charges and not being eligible for the bankruptcy.
Very, very good point, Lorri - thank you so much for pointing th
Very, very good point, Lorri - thank you so much for pointing that out. I don't remember my attorney asking me when I filed Chapter 13 this year, but I'm sure it was in there somewhere.
I was told that any new debt incurred within 90 days of filing B
I was told that any new debt incurred within 90 days of filing BK can't be discharged.
I filed bankruptcy 4 1/2 years ago after my divorce. I thought
I filed bankruptcy 4 1/2 years ago after my divorce. I thought I had not other choice because I could not afford all of the payments. I was told that I could not incur charges ninety days prior to filing. I was fine because I hadn't used my credit cards in many months. I'm not sure how it is under the new laws but I know Chapter 7 is tougher than ever from what I've read. I believe it is more in depth now as well and there are stricter laws in even keeping your house in a Chapter 7.
yeah the 90 days thing is still in affect.. ive just recently lo
yeah the 90 days thing is still in affect.. ive just recently looked into bankruptcy..they canot be discharged if done in the last 90 days so in all essence whoever this is would have to pay for teh bankruptcy plus the new charges that cannot be filed on
Maybe the 90 day rule is in force because of attiitudes like the
Maybe the 90 day rule is in force because of attiitudes like the original poster has