Filing Chapter 7 Bankruptcy? Don't Touch Those Credit Cards!

October 10th, 2008 by Reed Allmand

In a Chapter 7 bankruptcy most credit card debt will be forgiven; but there are occasions when a judge will require a debtor to repay the lender, yes even in Chapter 7 bankruptcy. The most common way a lender is able to force a debtor filing for Chapter 7 bankruptcy to repay credit card charges is if the debtor committed fraud. In other words, if you charge up a credit card without having some intention of eventually repaying it, that is considered fraud. If the creditor accuses the debtor filing for Chapter 7 bankruptcy of fraud, a judge will examine the case for signs of fraud. The most common sign of fraud found in a Chapter 7 bankruptcy case is incurring credit card charges after first consulting with a Chapter 7 bankruptcy lawyer. Even worst than that, paying for the Chapter 7 bankruptcy fees and expenses with your credit card. But we all know better than that. Right? But even if your credit card purchases were made months before filing Chapter 7 bankruptcy you could still be found guilty of fraud. For example, if you bought furniture 8 months before filing Chapter 7 bankruptcy and never made any attempt to make a payment you could be found guilty of fraud by the bankruptcy judge.

To avoid having your Chapter 7 bankruptcy complicated or even denied due to fraud, it’s best to avoid any use of your credit card once you begin considering Chapter 7 bankruptcy.

About Reed Allmand

Website

Allmand's vision is rooted in his own financially precarious childhood in Abilene "My father always had difficulty holding a job and supporting our family, so after my parents divorced when I was 12, my sister and I got jobs to help make ends meet," he recalls. "I remember what it felt like as a child to worry that our car would be repossessed or home foreclosed on."

View all posts by Reed Allmand

Subscribe

Subscribe to our e-mail newsletter to receive updates.

    FAQ

    Why do I need to submit a new wage order when I modify my plan

    When we modify your bankruptcy plan we are changing your plan payments. This means that we have to get with your employer and change the terms and amount of your wage order. The only way we can do that is by filling out a new wage order form.  

    Learn More
    What happens if the stay terminates on my home?

    If the bankruptcy stay terminates on your home that means that even though your in bankruptcy, your creditor can pursue all there legal remedies they can pursue if you were not in bankruptcy. This includes foreclosure, and having your house sold and evicting you from your house.

    Learn More

    Find Location

    map
    • Dallas Bankruptcy

      5646 Milton Street, Ste. 120 Dallas, Texas 75206
    • Fort Worth Bankruptcy

      5601 Bridge Street # 300 Ft Worth, TX 76112

    Meet Our Clients