Can I skip payments on my creditors and then file chapter 7 next month? 15 Answers as of July 04, 2013I am contemplating bankruptcy chapter 7. In fact, I don't have any more funds to draw on this month. Can I skip payments on my creditors and then file chapter 7 next month? Will I be able to have the past due bills included in the bankruptcy discharge if it is so ordered by the courts at the end?
Theodore N. Stapleton, PC | Theodore N. Stapleton
If you are eligible to file chapter 7 and unable to make payments you can skip payments until you file. You only want to do that if the debts are unsecured and or secured and won't be reaffirmed. Also, you cannot incur debt with the intention of filing bankruptcy. I am happy to discuss these and other issues with you. Please call to schedule a free consultation.
Answer Applies to: Georgia
Burnham & Associates | Stephanie K. Burnham
Once you have made the decision to file Chapter 7 Bankruptcy, there is no further incentive to make payments to your creditors. If the debt is going to be discharged, why continue to pay it down. The issue that comes up as a problem is when people use credit and then file Bankruptcy without making even one payment. Using credit and failing to make a payment can be viewed as fraud and can cause dischargeablility problems.
Answer Applies to: New Hampshire
Law Office of J. Thomas Black, P.C. | J. Thomas Black
Yes, many people have defaulted on their bills, often for several months or even years, before filing bankruptcy. You don't need to have defaulted in order to qualify to file bankruptcy, some of my clients are actually current on their debt payments when they file bankruptcy, but they see that they will be unable to pay them soon. Others are very much behind when they file. So yes, you can skip your payments to creditors and then file bankruptcy next month. However, if you are going to keep a vehicle or home, you do not want to skip those payments, because if you are delinquent on those when you file bankruptcy, the lenders may file a "Motion for Relief from Stay" to seek court permission to repossess or foreclose on their collateral.
Answer Applies to: Texas
Cartwright Law Firm | Andrea Cartwight
One of the main reason to file for bankruptcy is when you can no longer financially meet paying your obligations/debts. If you are considering filing for bankruptcy, you need to stop using your credit cards and/or incurring additional debt. When you file for bankruptcy you must include all of your debts whether they are delinquent or current.
Answer Applies to: Michigan
Ashman Law Office | Glen Edward Ashman
First of all your post makes it sound like you have not seen a lawyer and plan to make the worst mistake of your life, filing pro se. Do NOT. You will likely screw up your case, may lose out on a discharge, and will usually have problems that can be avoided. An attorney will advise you what you should (and should not pay). In some cases a payment shortly before filing will actually create a problem. In some cases paying is like flushing money down the toilet and in some cases you should stop MORE than a month before filing. However, there are reasons to have SOME debts paid. A lawyer will know the difference. See a lawyer now. The money you save on bills may pay for the lawyer.
Answer Applies to: Georgia
The Law Office of Mark J. Markus | Mark Markus
Whether or not you are current on your bills has nothing to do with whether they are dischargeable. In probably 95% of bankruptcy cases filed, people are behind in their debt payments (which is why they are filing bankruptcy in the first place). Whether you are eligible to file bankruptcy next month or any other month depends on many other factors and you should consult with a bankruptcy attorney in your area to make that determination.
Answer Applies to: California