If you have incurred debt that you know you will not be able to pay off, you should wait at least 90 days since the date of your last credit card purchase before declaring bankruptcy. If you file for bankruptcy too soon, the creditor may argue that you charged up your credit cards without ever intending to pay the debt, which is illegal.
Any charges you make to your credit card within 90 days of a filing a bankruptcy claim can automatically be denied discharge if they are for anything other than necessities (e.g. medication, food). For example, if you purchased a gift for someone else (or yourself) with the intention of discharging the debt through bankruptcy, this is considered fraudulent, and creditors can deny discharge of these debts.
If you are thinking about declaring bankruptcy, stop all future charges to your credit cards and consult with an experienced bankruptcy lawyer to determine the best time to file. Our attorneys at Hewitt & Salvatore can help you navigate the collection process and ensure the credit card company will not have grounds to deny discharge of your debts once bankruptcy is filed.
Please contact Hewitt & Salvatore, PLLC today to set up a personal, complimentary meeting with one of our experienced Charleston credit card harassment lawyers. We represent debtors in Fayetteville, Beckley, and all of West Virginia.