Bankruptcy Lawyers San Jose - blog
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April 7, 2007

What if the debtor has used credit cards within two months of filing bankruptcy?

Filed under: Charge-Ups — admin @ 7:17 am

Any recent credit card use no matter how large or how small can be subject to attack by a creditor.  In reality, if the purchase is small, the creditor will not bother to file what is known as an adversarial complaint against the debtor.  An adversarial complaint is a complaint, which attempts to hold the debtor responsible for the purchases that he or she made too close the filing.  The theory of the case is that the debtor actually has committed fraud.  The debtor knew that he or she was filing for bankruptcy, knew that he or she was basically going under, and continued to use the credit cards.  If the creditor is successful, the debtor can be held responsible for the recent charges that were made on that account.

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