Question/New To This

[jamesd1967]

I am filing Chapter 7 and my "hearing" is scheduled for March 25th, sometime in the afternoon, I guess. Now some of you may even find this a somewhat silly question, but I am stressed out..... Can you or I be arrested for filing Chapter 7...??? I mean, is there anything "against the law" about it???:

[keepmine]

I am filing Chapter 7 and my "hearing" is scheduled for March 25th, sometime in the afternoon, I guess. Now some of you may even find this a somewhat silly question, but I am stressed out..... Can you or I be arrested for filing Chapter 7...??? I mean, is there anything "against the law" about it???:

You gotta be kidding.

[AngelinaCatHub]

I am filing Chapter 7 and my "hearing" is scheduled for March 25th, sometime in the afternoon, I guess. Now some of you may even find this a somewhat silly question, but I am stressed out..... Can you or I be arrested for filing Chapter 7...??? I mean, is there anything "against the law" about it???:

Yes, you are new, but a good question. Our forefathers put into our constitution the ability to get a new start. Unlike in Europe, there is no "debtor's" prison. The Bible contends not to be a borrower or lender, but if so, forgive the debt at least every seven years.

It is your LEGAL Constitutional right to get a "new start" in life. Use it wisely and you are among friends here to help you. 'Hub

[nc73]

You could go to jail if there was fraud involved.

[jamesd1967]

well, what would constitute "fraud?" Here is something, I have a friend who filed bankruptcy and she charged up every last one of her credit cards about two months before she filed, and her attorney told her, "it doesn't really matter when the last time that you used your cards is." She told me, "if I am going to file Chapter 7, I might as well "max" the cards out." She then got scared thinking that was fraud, and her attorney, said "no", fraud would be hiding assets.

[viking64]

I believe it would be fraud to charge something you don't intend to pay, especially knowing you will file BK. The question is whether the amount is high enough for the creditor to both with.

At the very least, behavior like that could invite further scrutiny and possibly mean that part of the debt isn't discharged. It's one thing to charge a prescription you absolutely need and can't pay for any other way. It's another to get a widescreen TV and new computer a few days before filing.

The BK laws are there for people who are in a financial jam and cannot get out any other way. They are not for people to go on a wild spending spree and then get legal protection to avoid paying the debt.

Incidentally, if your friend really did take the "might as well max 'em out" attitude, she's likely to end up in a worse mess down the road. At the very least, she can't file again for 7 years (assuming her case isn't dismissed first).