consult with an attorney

[Geo]

Does the mere act of getting a free consultation with a bankruptcy lawyer imply that you knew you were going to file bankruptcy and cause negative implications in the eyes of the trustee on any future use of a credit card regardless of the reason, such as car repairs or paying medical bills? Thanks!

[forgotten]

Does the mere act of getting a free consultation with a bankruptcy lawyer imply that you knew you were going to file bankruptcy and cause negative implications in the eyes of the trustee on any future use of a credit card regardless of the reason, such as car repairs or paying medical bills? Thanks!

If someone were to raise an adversary proceeding against you and if it is discovered that you met with a bankruptcy attorney, then yes, meeting with a BK attorney prior to putting charges on your card is basis for ruling the entire balance on the card (not just the amount you charged after speaking to an attorney) to be non-dischargeable.

[lillymarlene]

I believe you are supposed to stop using credit cards 90 days before filing. It doesn't matter how many attorneys that you've gone to for a free consult. Then, the only attorney that will be on some type of "record" will be the one you actually retained for your bankruptcy.

[forgotten]

I believe you are supposed to stop using credit cards 90 days before filing. It doesn't matter how many attorneys that you've gone to for a free consult. Then, the only attorney that will be on some type of "record" will be the one you actually retained for your bankruptcy.

Any charges after you know you are going to file are fraud. No way around that one. If an AP were to be raised you will probably be asked, under oath, when you first met with an attorney.

[lillymarlene]

If someone were to raise an adversary proceeding against you and if it is discovered that you met with a bankruptcy attorney, then yes, meeting with a BK attorney prior to putting charges on your card is basis for ruling the entire balance on the card (not just the amount you charged after speaking to an attorney) to be non-dischargeable.

But, wouldn't there have to be some sort of record with the court that you met with a lawyer? And, aren't these meetings until you start the bk process, supposed to be confidential?

[discouraged]

Just don't do it!! Not worth the risk.

[lillymarlene]

I suppose if a person definitely knew they were going to file. But what if they weren't certain? For example, about a year before I filed, I set up appointments with a couple of bankruptcy attorneys. Then I didn't even follow through with meeting with them, since I wasn't sure I wanted to take the bk plunge.

[forgotten]

Okay, let me translate OPs post: I met with a BK attorney but I want to run up my cards before I file. Will that be bad as long as it is for things I need?

Yes, it's illegal. Will you get caught? Probably not, if the risk is worth the reward to you then go for it.

[discouraged]

forgotten - WHY would you even advocate that??? The majority of us are law abiding, honest people. Why would you advocate being unhonest? Do NOT do it lilly. Not worth the risk.

[lillymarlene]

forgotten - WHY would you even advocate that??? The majority of us are law abiding, honest people. Why would you advocate being unhonest? Do NOT do it lilly. Not worth the risk.

Think I misunderstood the OP or "translated" the post that he/she was still possibly in the "thinking" stages. I thought about my debt problem for years, considered a home equity loan, debt consolidation and bankruptcy. I also had no idea about the many rules for the process. I continually paid on my credit cards, though of course, there came a time with raised interest rates and tripled minimum payments that I could no longer.

I agree that it is not a good idea to go purposefully running up cards, and making purchases while knowing you are going to file. However, I didn't know absolutely for sure that I was going the bk route until the day I actually retained my lawyer.

[forgotten]

forgotten - WHY would you even advocate that??? The majority of us are law abiding, honest people. Why would you advocate being unhonest? Do NOT do it lilly. Not worth the risk.

I was being mostly sarcastic. The risk being up to and including federal prison time, the reward being a few hundred/thousand dollars. I would hope no one would think it was worth it.

[lotsahats]

When in doubt, don't.

[ByeByeCCs]

First, let me say that you had a consult with an attorney (technically there is no such thing as a bankruptcy attorney) and no one will ever know why you spoke to attorney unless you tell them. Everything you spoke about in that consultation is protected by the attorney client privilege. I am sure, even after the consultation you are not sure if you are going to file since you have not retained an attorney yet. As mentioned by another poster, there is no way anyone will ever know you had a consultation unless you tell them.

[newbie2]

Here's my take: You know you are going to file for bankruptcy. Now is the time to learn to live without credit cards. Auto repairs , medical expenses, a trip to Europe..it doesn't matter. Start teaching yourself to live without those little plastic cards. PS: Don't charge another thing. It is fraud since you knowingly will not be paying them back.

[keepmine]

First, let me say that you had a consult with an attorney (technically there is no such thing as a bankruptcy attorney) and no one will ever know why you spoke to attorney unless you tell them. Everything you spoke about in that consultation is protected by the attorney client privilege. I am sure, even after the consultation you are not sure if you are going to file since you have not retained an attorney yet. As mentioned by another poster, there is no way anyone will ever know you had a consultation unless you tell them.

Here's the problem with this line of thought.
In the unlikely event of an AP, the petitioner will be inder oath and one of the first questions will be, when did you consult with an attorney concerning bk. We're going to assume our poster has no interest in comitting perjury. He'll respond truthfully and at that point the court can infer that lawyer told him that cc debt was dischargeable. Particularly if signficant cc debt was run up after the consultation.
I'm of the opinion that the safest course of action is, when bk becomes a viable option you stop using cc's. Thehole has become deep enough.