Taking all available funds before brankruptcy

April 9th, 2012 by Questions

Im thinking about going bankrupt.Everyone i talk to tells me to take whatever money i have available on my credit cards out.Is that legal? I dont want to do anything to get into trouble

Posted from: Nova Scotia


One Response to “Taking all available funds before brankruptcy”

, Barton Goth - Goth & Company Inc. -Trustee in Bankruptcy said:

This is very bad advice. First off this type of action would be considered to be fraudulent as you are continuing to use the remaining amounts of your available credit with no intention of ever paying those amounts back. If it proven that you have been involved in fraudulent activity such as this your debts will no longer be cleared by the bankruptcy.

The second problem, if you are purposely organizing your finances on the eve of bankruptcy in an effort to maximize the level of debt you will be cleared of in the bankruptcy to the detriment of your creditors this is considered to be a bankruptcy offence. So if your creditors are unsuccessful demonstrating that your behaviour is fraudulent the second alternative is for the creditors (or potentially your trustee) would object to your discharge as you were not acting in a honest fashion. The result of this is you may be ineligible for an automatic discharge and the court will impose whatever penalty they see fit.

As you can see, either result is bad. The best advice is leave your debts as they sit right now. Contact a local trustee right away and above all, don’t do anything you are going to regret.

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