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Start here to get the low-down on what bankruptcy is, what it can do for you, who it works for and more.
Learn what happens to your debts (credit cards, mortgage, car loan, etc.) in Chapter 7 and Chapter 13 bankruptcy.
Many people believe they will lose their property if they file for bankruptcy, but for most, this is not the case. Learn what happens to your car, home, and other property, in bankruptcy.
Most debtors will file either Chapter 7 or Chapter 13 bankruptcy. Learn how they both work.
Bankruptcy is a system of federal law but state law plays a role. Learn about state specific laws.
Learn about the bankruptcy process: Automatic stay, meeting of creditors, means test, debt discharge, and more.
Answer: (1)
When you file for bankruptcy, the bankruptcy trustee will examine your recent financial transactions looking for signs of fraud. In this context, fraud means that you ran up bills with no intent to repay them, either because you knew you were going to file for bankruptcy or because you lacked the financial means to make good on the charges.
If you run up more than $550 in debt to any one creditor for luxury goods or services within 90 days before you file for bankruptcy, the law will presume that you had a fraudulent intent. The same is true for cash advances from any one creditor of more than $825 during the 70 days before you file for bankruptcy. In either case, if the creditor objects during your bankruptcy case, you will have to prove that you didn't commit fraud or those charges will survive your bankruptcy.
Even if you don't fit neatly into either of these categories, the credit card issuer might object and claim that your credit card debt shouldn't be discharged if you run up charges shortly before filing, you continue to use the card after receiving past due notices, you greatly increase your spending in the months before filing, you continue to use your card after deciding to file (for example, after you meet with a bankruptcy attorney), or you use the card in a way that's intended to circumvent your spending limit (for example, by making multiple charges for smaller amounts that don't have to be precleared by the merchant).
Because of these rules, the safest course of action is to stop using credit cards as soon as you have decided to file for bankruptcy, and certainly to avoid luxury charges or cash advances that exceed the limits set out above in the few months before you file.
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Posted by on 08 Jun 2010