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    Credit card question

    I filed Ch 7 on 11/30. I have 2 department store cards that have zero balance so they weren't included in the BK. My question is...can I use one of them right now, before my BK is discharged? Before you jump to reply read on...

    I want to use one of them and charge no more than $50 to get my daughter a winter jacket that will fit in her school locker. Her winter coat is too big & bulky. I want to give her the jacket for Christmas so I'd like it to be new and not used. I have a little bit on a gift card to the store I want to use the CC at so it would work out great. The only problem is I won't have the cash until the 27th...after Christmas which is why I want to use the CC. I can pay off the CC as soon as I get paid on the 27th. But, I don't want to do anything I shouldn't do. If using the card before my BK is discharged would be bad then I'll just not get her the jacket for Christmas.

    niteflytes
    Filed Ch. 7 - 11/30/06; 341 meeting 1/10/07; Discharged 3/19/07
    TU: 535

    #2
    Technically, you'er not supposed to use credit while your BK is pending, and creditors are not supposed to allow you to use credit while your BK is pending.

    But, as a practical matter, no harm will come to you if you charge a small amount, THAT YOU CAN PAY OFF WHEN THE BILL COMES, on a card that had a zero balance at the time you filed BK. However, you will want to do this sooner, rather than later. Store credit cards typically close your account when they find out about a BK (which, for whatever reason, they always do, regardless if you listed them on your petition). So, you should go get that jacket first thing tomorrow.

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      #3
      We had 2 store accts with Zero balances that we did not include in the BK. A couple weeks after our 341, one of them closed our acct with them. The other reduced the Credit Line from $500 to $300 but did not close the acct completely about a month after our 341. So we're 50:50 on store accts remaining open.

      HHM is right. Technically, you aren't supposed to incur new debt while in an open and active BK.

      Notification of your BK may not have had a chance to hit your Credit Reports yet. Or the Store may not have checked your Credit recently. The store may close your acct at a later date. So definitely don't charge more than you can comfortably afford to pay in full when the bill comes.
      Filed Ch 7 - 09/06
      Discharged - 12/2006
      Officially Declared No Asset - 03/2007
      Closed - 04/2007

      I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

      Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

      Comment


        #4
        Thanks for the advice HHM and Sinking. I went to the department store and they didn't have anything my daughter would be caught dead wearing to school (teenagers...sigh) so it's not an issue now. Probably better it turned out this way. The kid has it pretty good and doesn't need to bundle up for school anyway. I take her and drop her off at the door. Most days I pick her up and if she has to ride the dreaded school bus it's stop in our neighborhood is right in front of our house. So, she can survive wearing her hoodie for a few more weeks then we'll hit the after Christmas sales.
        Filed Ch. 7 - 11/30/06; 341 meeting 1/10/07; Discharged 3/19/07
        TU: 535

        Comment

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