Can I skip payments on my creditors and then file chapter 7 next month? 15 Answers as of July 04, 2013

I 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?

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Bird & VanDyke, Inc.
Bird & VanDyke, Inc. | David VanDyke
Assuming you qualify for a chapter 7 all your debt including any past due amounts are discharged in bankruptcy.
Answer Applies to: California
Replied: 6/26/2013
California's Largest Family of Attorneys
California's Largest Family of Attorneys | Doan Law Firm
If you cannot pay for your credit cards, then those payments that you missed can still be included in your bankruptcy.
Answer Applies to: California
Replied: 7/4/2013
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
Yes, you can skip this round of payments. Most clients are far more delinquent than that when they file. It does not matter when the delinquencies occurred. You will still get a discharge on all of it.
Answer Applies to: California
Replied: 7/5/2011
Theodore N. Stapleton, PC
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
Replied: 7/5/2011
Burnham & Associates
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
Replied: 7/5/2011
    Ferguson & Ferguson
    Ferguson & Ferguson | Randy W. Ferguson
    Normally yes. You would put them into the chapter 7.
    Answer Applies to: Alabama
    Replied: 7/5/2011
    Law Office of J. Thomas Black, P.C.
    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
    Replied: 7/5/2011
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    Only if you have made the decision to file bankruptcy. If you have, then any credit card payments you pay after that could have been discharged in the bankruptcy.
    Answer Applies to: California
    Replied: 7/5/2011
    Cartwright Law Firm
    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
    Replied: 7/5/2011
    Jackson White, PC
    Jackson White, PC | Spencer Hale
    Most people stop paying their credit cards months before they file bankruptcy. You should still pay your utilities though otherwise they could be shut off.
    Answer Applies to: Arizona
    Replied: 7/5/2011
    Ashman Law Office
    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
    Replied: 7/5/2011
    Symmes Law Group, PLLC
    Symmes Law Group, PLLC | Richard James Symmes
    Yes, this sounds like a good plan when considering filing for bankruptcy.
    Answer Applies to: Washington
    Replied: 7/5/2011
    Law Offices of Joseph A. Mannis
    Law Offices of Joseph A. Mannis | Todd Mannis
    Yes, as long as you don't do something crazy like load up the credit cards before filing. People miss payments all the time, often more than one, and then end up filing bankruptcy. Not a problem.
    Answer Applies to: California
    Replied: 7/5/2011
    The Law Office of Mark J. Markus
    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
    Replied: 7/5/2011
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