Credit Card Use before bankruptcy
I just declared bankruptcy and I have a question. I did use my card the month before my bankruptcy to pay my bills, ie: cable, phone etc.For years, I have spent 2-3 grand a month on the card and the last month was no different, I have been using my amex card for years to do that so nothing is really different, I got another Amex card hoping it would keep me afloat and avoid bankruptcy, It helped for 9 months or so except now I was in dire straight and could no longer pay, could I be charged with fraud? It was never my intention, in fact I should I have gone bankrupt last year instead of getting more credit to stay afloat. Any help would help.
This is always a bit of a grey area, could the creditors try to charge you with fraud, possibly, but it is highly unlikely they would be successful and as a result I doubt they would try. The more likely scenario is that one of the credit card companies could oppose your discharge and ask the court to impose a penalty as a result of these transactions. Whether or not this is going to take place is questionable but there is no way to tell until your trustee makes an application for your discharge.