should i do this?

[bk4sky]

ok i really need a laptop. i have a line of credit with dell and they have laptops for like $500.00 and thats all i really need is a basic one. i just retained my lawyer last month, this PC is my BF's he contantly on it, i have no time to update my resume or apply for better jobs plus im going to need my own when i go back to school. im very tempted to go and order that laptop right now. what would be the consequences if i did this? i wont actually be filing bankruptcy til at least december when the lawyer is paid in full. please help!

[MomIcantFindmy]

i sure would not do it. I would be worried that since you already spoke with a lawyer and are contemplating bankruptcy you could be charged with bankruptcy fraud. You can always update your resume at the library or something. The best scenario is that nothing happens the worst is that it is deemed fraud. Likely something in the middle would happen such as your case dismissed or that particular debt not discharged. Either way it could put a wrench into your bankruptcy and delay your discharge. I wouldn't do it.

[Help!]

I would be reluctant to purchase anything with a credit card after retaining a lawyer. This would be considered bad faith and poses a risk to your case if it's discovered (although I'll admit the likelihood of anyone connecting the dots is small).

[FreshLikeADaisy]

You can do it, but plan on reaffirming this particular debt. A debt that is reaffirmed is not fraudulent, because you're still paying it. But don't buy it if you have any doubt you can and will reaffirm, because if you do decide to try your luck and not reaffirm this particular debt, at the very least you are challenging the creditor to come get the laptop, if not a full on creditor objection and/or some hard questions from the trustee.

As Help! noted, you've already consulted an attorney: charges made on credit after that point can easily qualify as bk fraud, because it's clear that you made the purchase without the means or intention to repay. (Whether you actually did or not is moot; this is the way the court sees it.) The upside of reaffirming this particular debt in a Ch7 is that $500, post-bk, should be pretty easy to take care of with few/no other big bills on your plate.

I don't know whether you're going for a Ch13 or a Ch7, but in a Ch7 the temptation will be there to not reaffirm when you see there's a possibility the creditor may not come after the laptop for a while. Don't get suckered in. Buy and *reaffirm*, or don't buy it at all. Don't risk your bk (and your integrity) for a "free" laptop.

Hope this helps. Good luck!!!

[bk4sky]

hmmm....still thinking......i mean once i go back to school im going to try to to as many online courses as i can so i will kinda need one.

[keepmine]

Buy it and start making payments. Upon filing, reaffirm the debt.

[justplaintired]

Not sure since you have already hired an attorney that this is such a good idea. But, if your concerned, call the attorney and ask. Afterall, that's what he/she is there for.

We bought a used laptop off a neighbor that was good, all we had to do was add RAM. Got it for about $100. Maybe you could go this route? Just an idea.

One other thing, and maybe I'm wrong, but if they find this is not dischargeable, it could mean you will be stuck repaying the laptop. Is this right? Does anyone know? If that is the case, are you prepared to repay the money you borrow on this card?

[krielly]

sorry, but in my opinion you need to have a serious chat w/your BF. Wouldn't it be much cheaper to convince him to "share" his PC with you, than to spend $500 on a new one. Particularly at a time when you are in such a financial position that you need to file??????
Not trying to slam you, but you should really think about whether this is really a "need", or more of a "want".......

JMHO
K

[filingin08]

Could you take a small student loan out when you start classes to cover a new computer? Anyone know if that would be allowable? Can you even get student loans while in bk?

[momof5]

If you have already retained a lawyer to file bk, then you should NOT be thinking about charging anything!!!

Sorry to be so blunt but one of the questions asked is if you have made any purchases within 6 months of $500 or more. I sure would not want to have to explain (even before reaffirming) why you were still using lines of credit,charge cards,etc.

Saving $500 when you no longer have credit bills should not be that difficult. If it is...then you need to look at your entire financial situation.

So to answer your question "should I do this?" My answer would be NO.

[bk4sky]

Saving $500 when you no longer have credit bills should not be that difficult. If it is...then you need to look at your entire financial situation.

saving 500 would be very hard while paying off the lawyer. things will be easier after that but i decided NOT to risk anything by getting a laptop.


thanks for all the advice