My attorney told me to max credit cards before bankruptcy, should I? 10 Answers as of October 17, 2017

My attorney told me if I haven’t already, I should max out my credit cards with Christmas coming etc but that I need to do so 90 days prior to filing. This makes me nervous. A couple I’ve had to for needs and I could do the same with another but again it makes me nervous.

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Ronald K. Nims LLC | Ronald K. Nims
You should find a competent attorney. If you incur debts with the intention of not paying them because you?re planning bankruptcy, you're discharge will be denied if the court discovers it. Obviously, this attorney is a hack who isn't familiar with bankruptcy law.
Answer Applies to: Ohio
Replied: 10/17/2017
Stephens Gourley & Bywater | David A. Stephens
That is a bad idea.  Even though the 90-day deadline offers some protection, a credit card company can go after charges more than 90 days old if it has evidence of an intent to borrow money, (incur charges) with no intent or ability to repay them.
Answer Applies to: Nevada
Replied: 10/17/2017
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
It should make you nervous. That is a federal offense, the lawyer should be reported to the Office of United States Trustee.
Answer Applies to: California
Replied: 10/17/2017
GARCIA & GONZALES, P.C. | Richard N. Gonzales
That would be a no.
Answer Applies to: Colorado
Replied: 10/16/2017
Law Office of Stuart M. Nachbar, P.C.
Law Office of Stuart M. Nachbar, P.C. | Stuart M. Nachbar
I would not do it. Purchases within 90 days are circumspect if they are not ordinary everyday purchases. Doing holiday shopping and then filing is a bad idea.
Answer Applies to: New Jersey
Replied: 10/16/2017
    D.J. Rausa, Attorney at Law | D.J. Rausa
    Your attorney is not ethical. It is in violation of the bankruptcy code to advise a client to max out cards. It can also lead you to some serious problems. Find a new attorney.
    Answer Applies to: California
    Replied: 10/16/2017
    Patrick W. Currin, Attorney at Law | Patrick Currin
    This is haphazard advice and highly unethical.
    Answer Applies to: California
    Replied: 10/16/2017
    Garner Law Office
    Garner Law Office | Daniel Garner
    Sounds like bad advice to me. I always tell people if they are planning to file for bankruptcy they should stop using their credit cards.
    Answer Applies to: Oregon
    Replied: 10/16/2017
    Scott Goldstein | Scott Goldstein
    No no no no no no no!!!!!!!! That attorney is committing malpractice by telling you this. Using your credit card immediately before filing for bankruptcy, unless it is an absolute emergency, opens you up to claims of fraud. Do you not do this.
    Answer Applies to: New Jersey
    Replied: 10/16/2017
    Marc S. Stern
    Marc S. Stern | Marc S. Stern
    No, and find a new attorney. This one will get you into trouble.
    Answer Applies to: Washington
    Replied: 10/16/2017
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