Filing Bankruptcy

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Dec 1, 2007
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A friend of mine wants to know if filing bankruptcy on his credit card debt will have any consequences. A rumor he heard going around is about a trend of people taking cash advances on their Credit cards to the max and then turning around and filing bankruptcy afterward. Thoughts?
 
He'll ruin his credit for 7 years (usually), and nobody will touch him with a 10 foot pole when he goes out and asks for loans.

Also, a lot of people are walking away from their homes since they're upside down on their mortgage.

I've read somewhere it's possible to get your credit score back up to par in 2 years.
 
A friend of mine wants to know if filing bankruptcy on his credit card debt will have any consequences. A rumor he heard going around is about a trend of people taking cash advances on their Credit cards to the max and then turning around and filing bankruptcy afterward. Thoughts?

sure he could do that, but it would be immoral/unethical. if the banks can do it, why can't we, you ask? eh, go right ahead, but you're no better than the banks or any other fraud.
 
Depending on your state you must give up all assets except about 2-5000 dollars. There are also rules about not taking out cash advances, making large purchases, or giving assets away within so many days of filing. You need to be able to prove where all that cash went. Sometimes, you can get by without proving it, but in the event you don't, it's felony fraud. Why doesn't he just leverage his good credit to start a business or buy some real estate?
 
I would advise your friend not to do that. It is considerd fraud. A family member did this and was told by her lawyer she would need to wait another 60 days (I think) to file.
 
I am a Bankruptcy Attorney

[URL="http://www.abiworld.org/wiki/usc_sec_11_00000523----000-.html"]http://www.abiworld.org/wiki/usc_sec_11_00000523----000-.html[/URL]

There are rebuttable presumptions of fraud when a debtor uses a credit card within a certain time of filing bankruptcy: if he charges over $550 for luxury goods within 90 days of filing his case or takes out cash advances of $825 or more within 70 days of filing his case. 11 USC 523(a)(2)(C).

Send me a PM if you want more info or a referral to a BK atty in your area.
 
A friend of mine wants to know if filing bankruptcy on his credit card debt will have any consequences. A rumor he heard going around is about a trend of people taking cash advances on their Credit cards to the max and then turning around and filing bankruptcy afterward. Thoughts?

Running up a huge amount of debt before filing is called "fraud," but I don't know anybody who has ever been caught doing it.

There's life after bankruptcy. He won't get good loans, but there will be credit card offers in the mailbox the day after he files.
 
There are 100s of reported decisions where debtors were not able to discharge certain debts due to fraud. However, it is hard for creditors to prevail in these cases since many circuits require the creditor to prove the debtor's subjective intent to defraud the creditor.
 
Declaring Bankruptcy Can Improve Your Credit Score
THE DECISION OF whether to file for bankruptcy protection is not an easy one. Among the numerous concerns, one that is typically front and center is the worry that your credit rating will be so damaged that securing a loan — even at a lousy rate — will be darn near impossible.

But here's some surprising news: In many cases, the damage done to one's credit score isn't nearly as bad as expected. Over the long run, obtaining a score high enough to make you eligible for very competitive rates isn't out of the question.
The Agenda: Debt
See our Debt section for comprehensive coverage.
Part of the reason why your score isn't likely to suffer all that much is that most folks seriously struggling with debt aren't exactly maintaining a top-notch score to begin with. "In virtually every instance, the consumer will already have repayment problems such as late payments, very high balances, charged-off accounts or collection accounts," says Rod Griffin, a spokesman for Experian, one of the three major credit bureaus. For details on what goes into a credit score, click here.

In light of this, some consumers may even see a slight boost in their credit scores after filing bankruptcy, according to John Ulzheimer, president of Credit.com Educational Services, a consumer credit education group. Why? To start with, your credit report is largely wiped clean when you declare bankruptcy. Your high balances are removed as are any late payments or records of unpaid debts. Instead, the accounts included in the bankruptcy will be marked as "Included in Chapter 7 Bankruptcy" or "Included in Chapter 13 Wage Earner Plan," depending on which type of bankruptcy you filed. Both types of bankruptcy affect your credit score in the same way, according to Ulzheimer. Granted, you aren't likely to see a big jump — but if you've just been scraping by, your score isn't likely to fall much further.

That said, a bankruptcy could help your score over the long term, as well. Here's why: When calculating scores, the formulas developed by Fair Isaac (the company that calculates the most widely used credit score, known as the FICO score) are set up to grade someone's credit standing as compared with that of consumers in a similar financial position. To do that, Fair Isaac divides consumers into 10 groups, using what it calls "score cards." It then ranks the consumers in each group based on the others in the group. One of these score cards is bankruptcy filers. (For competitive reasons, Fair Isaac doesn't release what constitutes all 10 groups.)
Also See
Thinking about declaring bankruptcy? The following articles can help you make the right decision:
Understanding the Bankruptcy Rules
Out of Options
Help! I'm Drowning in Debt

In other words, when you file bankruptcy your score is determined based on how you do compared with other bankruptcy filers, explains Fair Isaac spokesman Craig Watts. The reason? Fair Isaac has found this to predict credit risk better. "It's a much fairer comparison," he says. "You're not compared with people with rosy, perfect reports."

As a result, credit scores can run the gamut among bankruptcy filers. "In that population, you'll find some consumers who have very good FICO scores, some who have very bad FICO scores, and in between," Watts says. (Fair Isaac doesn't have statistics on the average FICO score for bankruptcy filers.) Granted, you won't be able to bring your score up to the perfect 850 as long as your bankruptcy stays in your report, but with good credit management after filing, a score in the 700s isn't impossible.

Then again, your credit score alone shouldn't affect whether or not you decide to file bankruptcy. "You have to be realistic about your ability to get back on your feet financially," says credit expert Gerri Detweiler, author of "The Ultimate Credit Handbook." Most experts would still say that if you can dig your way out of debt without declaring bankruptcy, that's a better way to go, since, among other things, you may be forced to sell certain assets — in some states even your home or car — to meet the bankruptcy filing requirements. (This can be the case with Chapter 7 bankruptcy, but not Chapter 13.) Another issue: Given the tougher new bankruptcy rules, you may not even be able to declare bankruptcy.

That said, if your debt payments are crushing you, bankruptcy will give you a much-needed fresh start. And with a few clever credit repair strategies, your score could be back in the 700s within two or three years. For specifics, see our sidebar.
 
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Why file at all???

I thought it went like this..

Stop paying
3 mos later (roughly) acct is closed and sent to collections
8mos later.. acct is sent to outside collection agency
7yrs later.. original default is off your credit report


If I remember correctly, the Collection agency can't hit your credit report.. because it's already been hit once by the original creditor.

I defaulted on a CC just after I got one when 18.. My credit report never showed the collection agency on it, and it was sent to several before I eventually paid it.

And was gone 7yrs after the original acct was closed.

or maybe I was just lucky:confused:
 
He'll ruin his credit for 7 years (usually), and nobody will touch him with a 10 foot pole when he goes out and asks for loans.

Also, a lot of people are walking away from their homes since they're upside down on their mortgage.

I've read somewhere it's possible to get your credit score back up to par in 2 years.


Well which is it? Is it ruined for 7 years or 2 years?

As time passes, the severity of the BK decreases. Sure, it stays on your credit for 7 years...but by the 7th year, the BK is not taken into consideration as harshly as it would have been the first 2 years. In most cases, people can get the same exact terms as anyone else by the 3rd year....whereas, if they had not filed BK, chances are good that they'd have an ongoing struggle to stay afloat and the result would be bad credit for a long, long time.
 
7 Years

Credit reports contain general bad debt information for 7 years from the inital posting date--after 7 years the info is supposed to be taken off a report. If it is not done, it behoovesthe debtor to request the Credit Reporting Agency to remove it--and tell the furnisher of the info to stop reporting it to the CRA.
 
Why file at all???

I thought it went like this..

Stop paying
3 mos later (roughly) acct is closed and sent to collections
8mos later.. acct is sent to outside collection agency
7yrs later.. original default is off your credit report

I've been seriously considering this. Not because I can't pay, or that I don't want to. But if they do away with mark to market, and let banks get off from thier debts, and commit fraud. Then they should mark down my debt, or I'm not paying. Fuck them! :mad:
 
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