Question on purchases while waiting for bk...

[debtfreesoon]

I just filed bankruptcy a week ago and am waiting for my 341 date/meeting. My cell phone just died and my question is would I be ok to apply for a new phone and/or switch companies while I'm in this situation? I use my phone only for emergency uses and purchase the basic plan, mostly because I travel a lot for my job and I'm paranoid that I'll be stuck without a way to reach anyone if I were to break down. So I don't think of this as a luxery purchase, though some might consider a cell phone one anyway. I know that cell phone companies do a credit check for all of their plans, unless I get a pay as you go phone (which rates aren't that great it seems), and I don't want to get in trouble with the trustee or courts by making a purchase like this either. Does the trustee look at this kind of thing? Do they request bank statements (which would show the purchase and amt deducted monthly from my account) for dates before the filing date of bk, up to the court date, or at all? I don't want to deceive anyone, hence the reason I thought I'd check. How do they classify cell phones, as necessities like groceries, rent, utilities, etc, or as luxery items? Thanks for your help!

[EdytaHome]

I don't think the trustee will ever find out you tried to get a new cell phone. It will be difficult for you to ge a new plan and phone because of the negative info on your credit report. It may be your best choice to get a phone that is prepaid only for emergencies.

[worriedbk7]

I actually called my lawyer and asked him if was okay to switch plans during my bankruptcy. He said it was okay as long as I don't go from a $40 plan to a $150 plan. Also, he said to make sure that my contract was up because it would not look good to add another creditor (if you have to break your contract) Good luck!