is it fraud?

[brokeNconfused]

I met with an attorney about bankruptsy. since then 2 credit cards have gone unpaid, but im still making payments on others and loan(house,car) attorny told me to stop all payments when ready to file and i could stilluse cards as long as there are not luxury items. Attorny said some card companies will still let you use cards even when late on payments. sooooooooo

if i still use cards for food and gas and file in 6months but continue to make payments on all other cards till then. .. is that fraud?

i have not retained and if i do file i will do a 13 because i thinkt thats the right thing to do.

[HHM]

First, if you did not have any credit card payments, can you pay your living expenses? If the answer is no, you have bigger problems that need solving (i.e. increasing income, and/or decreasing expenses).

Second, you file the BK chapter that you qualify for, BK is a financial tool, don't get hung up on the "right thing to do", bankruptcy is LEGAL and is there to HELP.

Third, if you are going to file BK, you should STOP making payments on ALL unsecured debt. But you should continue making payments on ALL secured debt (assuming, you want to keep the items securing the debt, i.e. house, car, etc)

Fourth, it is not fraud to charge everyday items on credit cards, but this goes back to the first question, if you are in a financial position such that you need to charge basic necessities, it is premature for you to file BK as BK would not solve your underlying financial challenge.

[brokeNconfused]

thats good advice thanks.. and yes i can afford day to day expenses if i dont pay unsecured debts. I just wanted to pay it back when i got it so i feel bad.

thanks

[CindyLou]

technically, anything you charge once you have decided to file BK is fraud. But.....unless its a luxury item or a really large amount, I don't think anyone will notice if you buy groceries and fill your tank a few times.

[brokeNconfused]

well i am for sure going to wait until my car is past 910 days. So i am still making payments on most and plan to do so until the day i file. So ive used it for work clothes, groceries (family of 5) and gas. so its a bit on the card, but it wont be until july or so when i plan to file. I wont be using the cards from this point on.

[Cali]

technically, anything you charge once you have decided to file BK is fraud. But.....unless its a luxury item or a really large amount, I don't think anyone will notice if you buy groceries and fill your tank a few times.

I was wondering about this as well. I haven't used a credit card since December, but was wondering about using it for gas, food, etc if need be.