credit cards

My wife and i are considering filing for bankrupcy, i was told that we can use our credit cards up to the official filing with an attorney.One particular card has a 15,000 balance on it,some items have still been charged to this card due to mere survival. Can the credit card company refuse to wipe out this debt and come after us for the balance due to the fact that they were still being used prior to filing? We have so many opinions from too many peolpe that are not lawyers.Please help.

You often cannot discharge spending you are doing right before the filing. You need to hire one bankruptcy lawyer, have him prepare you for this, and review your details, and outline options and file the forms.


Charging $500 or more for luxury goods or services on an account within 90 days prior to bankruptcy is "presumed to be non dischargeable," and cash advances of $750 or more within 70 days are also "presumed to be non dischargeable."

However, the burden is still on the creditor to go through all the trouble of filing a lawsuit in the bankruptcy court to seek a judgment of nondischargability. If they fail to successfully bring an action, the debt gets discharged anyway.

But, there's more. Those time frames, (90 days and 70 days) just mean that such debts are presumed to be nondischargeable. That means the debtor has the burden of proof at trial to prove that the debt was not incurred fraudulently. It doesn't stop a creditor from seeking nondischargeability on charges that were made a lot earlier than that, where the evidence indicates there was use of credit under fraudulent circumstances.