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showing intent to file bk???

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    #16
    Originally posted by junker View Post
    just wondering about this big little word INTENT.....IF you are in a bk forum such as this one..... and asking questions concerning filing bk...AND...continue to use cc.s and run up your credit..after asking questions here...and then file bk just after the recommended 90 day limit...arent you opening yourself up to a fraud allegation? if a creditor was to see your posts concerning bk and then continueing to use credit cards? especially if you post a clear intent to file here...and then continue to use the cards???? it seems that just posting questions saying you are contemplating filing bk and then using cc,s especially tapping them out and then waiting 90 days then filing COULD possibly cause problems if a creditor would know you were on a bk forum... can some of the experts please tell me i am wrong and nothing to be concerned about....
    definition of fraud.....In law, general term for any instance in which one party deceives or takes unfair advantage of another. Any means used by one person to deceive another may be defined as fraud.
    A creditor would have to subpoena your internet provider for your IP. Then subpoena credit forums trying to figure out where you posted to review what you posted. Further, they cannot rely on this information alone and would have to use a range of other factors to prove fraud. Can it be done? maybe. Would they do it? Definitely not. No such case has been brought before a bk court. If you committed some serious fraud, then they would hand the case to be reviewed by federal or state prosecutors. Even then, the chance of them finding what you posted is slim. There are thousands of people filing each week. You think any creditor has time to track people down like that?

    They use a range of factors based on your circumstances, income and so on to determine whether you knew you were in trouble. There are a number of variables (circumstances / events) they would need to consider.
    My comments are solely based on my opinion. The information and links that I have
    posted are provided solely for informational purposes, and do not constitute legal advice

    Comment


      #17
      Your right Shabam, and one of the factors is the readily available 'Bankruptcy Score" ...
      Filed CH 7 9/30/2008
      Discharged Jan 5, 2009! Closed Jan 18, 2009

      I am not an attorney. None of my advice is legal advice in any way..

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