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Charging on CC's before filing for BK

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    Charging on CC's before filing for BK

    My husband and I are thinking about filing for bk. We have an appt. to meet w/ a lawyer on Friday. Meanwhile, we live in WI and got hit by a flood last week. We have a cc @ Menard's (home improvement store) and need to buy numerous things for clean up including a new water heater! Could we safely charge these items now and not have it look like fraud? We have no cash and have to clean up the basement b4 mold sets in. When it rains, it poors!

    Thanks!
    Filed Chapter 7 September 8th, 2008!
    341 hearing October 29, 2008.:
    341 went great! Now a member of the 60 day club
    Discharged and closed January 8th, 2009! It is now a Happy New Year!

    #2
    The credit card company can challenge your debt if you use the credit card right before filing a bankruptcy.
    Last edited by Prideofjc; 06-16-2008, 10:26 AM. Reason: For the style!
    Everything I say is based on my experience and my research. What I say may be wrong.

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      #3
      Are you keeping the house?

      Comment


        #4
        Thats If'y
        Ask your Lawyer
        Filed Chap 7
        3.23.08
        341
        5.30.08

        Comment


          #5
          Yes, we will be keeping the house.
          Filed Chapter 7 September 8th, 2008!
          341 hearing October 29, 2008.:
          341 went great! Now a member of the 60 day club
          Discharged and closed January 8th, 2009! It is now a Happy New Year!

          Comment


            #6
            They may object or they may not, no way to really tell. Use it only for what you absolutly need and just be prepared to have to pay back what you charge right before you file if they object.

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              #7
              those debts may become non-dischargeable if the CC companies decide that it was abuse. But since it is a store card, read the contract carefully, it might already be secured debt that you would either have to pay for the new hot water heater and other items anyway or have them repossessed. If you have to do it, you have to do it, just be prepared to pay for the items and not have them discharged in your BK, and to possibly have delays in your discharge due to the objections. But you're just thinking about BK now, not a for sure thing, and if you make some payments on the charges and don't file for a while, you might be ok, who knows? But like I said before, just assume these debts will not be discharged, and then if you get lucky and they don't object, consider it a bonus.
              Filed CH 13 September 17, 2007
              Plan Modified July 8, 2009 from $1100/month to $400/month due to change in income, finally discharged in July of 2013!

              Comment


                #8
                Charge what you need. Under the circumstances, these are non luxury items. Any challenege, and you have an excellent totality of the circumstances argument. If at all possible, pay just the bare minimums on the account for 3 billing cycles and then wait another few months before you file. That should minimize the risk of an objection.

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                  #9
                  When are you filing? I filed in Wisconsin (Eastern District) and a month before we filed, we charged car repairs without a problem.
                  Filed Chapter 7: 3-22-08
                  341 Meeting: 5-15-08 It went great!!!
                  Last day for objections: 7-14-08
                  Discharged and Closed: 7-21-08

                  Comment


                    #10
                    Originally posted by Stilltheone View Post
                    When are you filing? I filed in Wisconsin (Eastern District) and a month before we filed, we charged car repairs without a problem.
                    We are just thinking about it now. Probably not until 3-6 months down the road. We would be Eastern District too. Who did you have for your trustee? Was it scary???
                    Filed Chapter 7 September 8th, 2008!
                    341 hearing October 29, 2008.:
                    341 went great! Now a member of the 60 day club
                    Discharged and closed January 8th, 2009! It is now a Happy New Year!

                    Comment


                      #11
                      Originally posted by mycreditisbad View Post
                      We are just thinking about it now. Probably not until 3-6 months down the road. We would be Eastern District too. Who did you have for your trustee? Was it scary???
                      I'll pm you.
                      Filed Chapter 7: 3-22-08
                      341 Meeting: 5-15-08 It went great!!!
                      Last day for objections: 7-14-08
                      Discharged and Closed: 7-21-08

                      Comment

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