How long do I have to wait before I can file for bankruptcy?

It may be fraud or grounds to deny a discharge.

It is illegal to charge up your credit cards without intending to pay them. If you file bankruptcy less than 90 days prior to incurring the debt, it is presumed that you didn't intend to pay the debt. The creditor has the right to sue you in bankruptcy court in what is called an adversary proceeding to determine the non dischargeability of the debt. As an alternative to chapter 7 you might want to consider a payment plan under chapter 13. This is a serious issue and you should seek the advice of an attorney who is a certified specialist in bankruptcy law. Consult the State Bar website for a listing of those attorney in your area.

You can legally file for bankruptcy at anytime but if you file just after incurring large amount of debt, you will more than likely have major issues in your case. Bankruptcy is designed more towards those that have incurred their debt over time.

There is a presumption that you committed fraud if you file within 90 days of using credit for luxury items or services. However, the creditor can go back one year if the creditor can prove that you never intended to pay for the luxury items or services charged. That's not hard to do if the person is unemployed or makes very little money and decides to buy a $3,000 TV or go to Las Vegas on vacation and not make any payments a few months before filing the bankruptcy case, particularly if that is unusual behavior for the person based ont the previous use of the credit card charged. You could be asked to pay back the amount charged (maybe including attorney's fee) or be sued in bankruptcy to have the court determine that the fraudulent charges are not dischargeable (and this is expensive to defend). If the amount is big enough you could even be denied a discharge which means you will never be able to get rid of those debts in the petition ever. There is even the potential for criminal charges. You need to stop using credit cards for a least 90 days and maybe even make some minimum payments for 90 days. The safest thing would be to wait a year to file the bankruptcy case but that may not be necessary depending on the situation. You need to consult with a lawyer to determine the best course of action based on the amount charged and the items or services purchased. Also, some creditors are more aggressive than others and a bankruptcy attorney knows who those creditors are based on experience.

Non-essential credit card debts to any one creditor totaling more than $500 incurred within 90 days of filing bankruptcy are presumed non-dischargeable. Additionally any credit card debt incurred any time prior to filing may be deemed non-dischargeable if the creditor can prove that the debt was incurred under false pretenses.

The short answer is 90 days. Debts related to consumer goods aggregating more than $500 to any single creditor purchased within 90 days are presumed to be non-dischargeable.

You would generally have to wait 90 days. If you attempt to discharge a debt that was incurred within 90 days of the filing, the creditor would challenge the filing.

Stop using your cards and continue making the minimum payments for about 3 months before filing.

Stop using your credit cards. If you know you are going to file BK you should not be taking on any more debt. Wait at least 90 days to file, longer if you can. The long term problem is you have to stop spending money you don't have.

You must stop using your credit cards immediately since you are thinking about filing for bankruptcy. You must set up a free and confidential appointment with a local and experienced bankruptcy attorney in your area so that together you can determine what is best for you in your situation. Large purchases, purchases of luxury goods and cash advances prior to filing bankruptcy are a serious problem. There is always a risk that a creditor will object to discharge if you incurred any of the debt fraudulently, knowing you weren't going to repay it or if you should have known you didn't have the money to repay it. At a consultation with a bankruptcy attorney all of this will be discussed, we will analyze your credit use advise you accordingly. So unfortunately there is no set "time" that you must wait, as with other things in life, it just depends on the specific facts.

If the debt is for a consumer debt owed to a single creditor and aggregating more than $600.00 for luxury goods or services within 90 days prior to filing bankruptcy, or for cash advances aggregating $875.00 within 70 days prior to filing bankruptcy, those charges are presumed to be fraudulent and the creditor could sue for a determination that those charges are not discharged in the bankruptcy. If the charges are beyond the time limits for the presumption of fraud, the creditor could still potentially ask the court not to discharge the debt, but they would have to prove that you intended to defraud them. For that reason, it is best to consult with an attorney face to face or at least over the telephone regarding this issue.