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To Fraud or not?

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I live in Southern California and I've let my credit cards get the better of me. I am seriously considering filing for Chapter 7 to get a "fresh start". I spoke with an attorney and he mentioned fraud to me and then all kinds of red lights went off. He said I should be cool just as long as I don't use any of my cards for 60 days. Is this right? Only 60 days? I was wondering if maybe I should let the cards cool off a little longer than that, even though I'm not paying any of the other outstanding balances except for the one that I'm currently living on. He's also charging me over $800, which includes court appearnces on my behalf if needed. Man, the reason I'm filing for bankruptcy is because I can't afford to pay large bills. Does this fee sound reasonable or do you know of any other lawyers who are cheaper and just as competent? Thanks for your help. Fred:confused:


Senior Member
$800 sounds more than reasonable. And yes, you will have to quit using all credit that you wish to dismiss for 60 days prior to filing. This is done to prevent someone running up huge debts and suddenly filing bankruptcy. And if you are living on credit, you are due for a rude awakening. Better start learning to live with "cash on hand", you will have to if you file for bankruptcy.


Thanks for reinforcing what I already knew without adding anything other than your opinion. I guess I'll call you Capt. Obvious.

***A question unanswered is rhetorical and an opinion is like, well, I'm sure you can figure that one out***:mad:


Senior Member
The ban on using credit cards for at least 60 days before filing is typical.. personally, I'd give it 90. The law says that any debt incurred within 60 days of filing MAY not be discharged. Now, if you had to buy groceries, and you had to do it on credit, that's hardly fraud, but avoid it if you can.

Have you taken any cash advances ? Those can be looked at for up to a year prior to filing. If you had used them, be prepared to show where the money went.

$800 for CA sounds VERY reasonable. I've seen many, many posts from CA folks who pay nearly twice that for a no-asset Ch 7.
$800 is very reasonable. We paid 695 to lawyer and 209 for the filing fee. He is in S. California and can work with you by email for most of the information. He's great. I can give you his number if you would like it.

Let me know. Email: [email protected]

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