Do I Have to List that Credit Card I Recently Got on my Bankruptcy?
By Kurt O'Keefe, Attorney at Law on Sep 27, 2007 in General Bankruptcy Information
All debts, all debts, any debt, all debts must be listed on any bankruptcy, Chapter 7, Chapter 13, Chapter 11.
By debt, any possible claim against you, whether you agree you owe money or not.
If you dispute the debt, that box can be checked on the bankruptcy form.
Yes, it includes credit union loans or other obligations that are payroll deducted.
Yes, it includes water bills, property taxes, that may be a lien on your house, and have to be paid by a subsequent owner. Yes, it includes debts you intend to keep paying, that credit union, your mortgage or mortgages, vehicles you want to keep, the relative who lent you the money to file, everything.
So you just got a credit card a couple of months ago, you forgot to tell your attorney. Tell her or him!
We cannot help you if you conceal information from us. That may not be your intent, or what you think is happening, but the effect is the same.
A blindsided attorney is an unprepared attorney. It is not pretty when we find these kinds of things out from others, like the trustee at your hearing.
What we know, we can help you prepare for.
And yes, that credit card you just got, that you forgot you had used, that you want to keep, must be listed.
Signing false papers under oath puts your discharge at risk, not to mention life, liberty and the pursuit of happiness.
As a friend of mine says, do you want to look at the sun come up in chunks? (through barred windows)
Your attorney knows you needed the money, so you got the card and used it even though you were planning on filing bankruptcy, and had no way to pay it back.
That defense is as useless as it would be to robbing a bank. “But, Judge, I really needed the money!”
The credit card company knows you used the card, so do not think no one will find out.
“But I hafta have a credit card!” Or, you will die?
I understand credit cards are necessary for some types of transactions, like car rental, and do not mean to make light of the hardship of not having any.
But, you cannot borrow your way out of a debt problem. If you do not have the cash, you cannot afford it.
My main point is, tell your lawyer everything, so you can get the advice and help he or she can give you. If you deprive us of all the facts, are advice is going to be off base.
Your attorney can tell you if there is a workable way for you to keep a card, or get a new one after you file.
If you liked that post, then try these...
Credit After Bankruptcy - How by L. Jed Berliner, Massachusetts Bankruptcy Attorney
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