Home -> Law Blog Directory -> Bankruptcy Blogs -> Arizona Bankruptcy Attorney Blog
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Bankruptcy
: Arizona Bankruptcy Attorney BlogDon't Use Your Credit Cards Within 90 Days of Filing Your Chapter 7 Bankruptcy in Arizona!
By Joseph McDaniel, Esq.
I have discussed at length the consequences of credit card use within 90 days of filing elsewhere.
The legal consequence is simple; there is a presumption that the credit card debt incurred during the period within 90 days of filing is not dischargeable.
It's a presumption that can be rebutted, but normally the debtor has already consulted with bankruptcy counsel, and that can make some difference in the attitude of the Judge.
Fortunately for everybody involved, that issue seldom arises because it's waaaay easier to deal with the issue now than it was twenty years ago.
There are so many bankruptcy cases now, and so therefore so many instances of the use of credit cards within 90 days of filing, that there's a standard operating procedure on the part of the banks.
The debtor is sent a nice letter detailing his credit card use within 90 days of filing.
The debtor is usually give a simple choice: pay it back in full, with a 20% discount for that lump sum payment, or reaffirm the portion of the credit card debt that represented the 90 day usage.
Frankly, that one's a no-brainer.
I've worked for three Judges, and two of them were bankruptcy judges, and one was the Chief U.S. Bankruptcy Judge for the District of Arizona.
Any one of the three would make short work of a nondischargeability complaint in which the debtor had swiped money off a credit card within 90 days of filing.
And frankly, I don't think any of them, specifically including Chief Bankruptcy Judge Caldwell, would have been sympathetic to use 91 days prior to filing.
That falls under the "Oh, no, you don't; too cute by half!" Rule.
Full post as published by Arizona Bankruptcy Attorney Blog on June 18, 2010 (boomark / email).
How to Stop Home Foreclosure
Bankruptcy can Stop Foreclosure
Bankruptcy Law
A complete prime (pre-2005)
Truth In Lending Act
Consumer Loans and Consumer Credit Protection Act
Collection Agencies and Creditors
How to deal and stop the harassment
Federal Adoption Tax Credit
Financial Incentive for Adoptive Parents
TransUnion
Class action credit practices suit offers free credit monitoring services for millions.
Air Line Bankruptcy
BCI Aircraft Leasing agrees to pay $600,000 settlement related to Delta Air Lines bankruptcy claims.
Lehman Brothers
Bankrupt, Files Chapter 11
Bankruptcy Reorganization
Calpine Corp. pays $2.13 million bankruptcy settlement.
Microsoft
Settles with Arizona for $4.4 Million
Jevic Transportation
allegedly failing to give 60 days warning before closing plant.

Can I Take Out Credit Cards During My Chapter 13 Bankruptcy
Availability of Credit Cards After Bankruptcy
Will You Owe Interest Or Penalties On Credit Cards That Are Charged After Filing Bankruptcy
Owing Rent When Filing Chapter 13
Not Huge and Very Stupid: A Discharge is Denied
Can I Keep My Favorite Credit Cards Off My Bankruptcy








