Bankruptcy and Holiday Credit Card Spending

If you are considering filing for bankruptcy protection, here are some things to think about before you use your credit cards to for holiday presents.

Credit card charges made before you file for bankruptcy protection may raise a “presumption of fraud.” Your creditors may object to the discharge of those credit card charges. If a creditor does successfully object, those charges will survive your bankruptcy discharge and you will be responsible for that debt.

Any cash advances or use of credit card convenience checks made before filing for bankruptcy protection may also raise a “presumption of fraud.” Your creditors also have the right to object to the discharge of these types of debt.

The lesson here is if you are planning to file for bankruptcy protection, stop using your credit cards now. If you are suddenly facing the prospect of bankruptcy, and have made recent credit card charges or cash advances, all hope is not lost. It just means you need to develop a strategy with an experienced bankruptcy attorney.

Van Wieren Law Firm, LLC – Atlanta Bankruptcy
404.963.7408

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Law Offices of Angel M. Van Wieren, P.C.
675 Seminole Ave NE, Ste 102
Atlanta, GA 30307
Phone: (404) 963-7408
Website: vanwierenlaw.com
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Legal Stuff

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  • We are a Debt Relief Agency as designated by the U.S. Congress. We proudly help people with debt relief, including filing for bankruptcy relief.
  • This website is not legal advice, but is only for informational purposes.

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- M. Fisher, 2012.
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