Asked in Bankruptcy for Wisconsin

Q: Can you use buy now pay later like afterpay during chapter 7

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2 Lawyer Answers
W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
Answered
  • Bankruptcy Lawyer
  • Boyertown, PA

A: The Bankruptcy Code requires that you obtain authority from the Court to incur credit during a pending bankruptcy proceeding.

in addition, most potential creditors will not extend credit while your case is pending, and prior to entry of a Discharge (almost all will check your credit online, and the credit bureaus pick up your pending bankruptcy as a public record). It's highly unlikely that any creditor will extend you credit at this time, certainly prior to entry of your discharge, and probably even after your discharge is entered.

Timothy Denison agrees with this answer

J. David Krekeler
J. David Krekeler
Answered
  • Bankruptcy Lawyer
  • Madison, WI
  • Licensed in Wisconsin

A: Yes. Neither the bankruptcy code nor Wisconsin law prohibit you from using a finance plan like you describe.

In fact, depending upon the service you are using, this sort of purchase may help you to re-establish your credit score.

I disagree with attorney Winterstein. The bankruptcy code provision I believe he refers to, section 364, applies to the trustee, and not to the debtor.

I do agree with him, though, that most creditors will notextend credit to you right now. But that is why this buy now-pay later program is a good opportunity for you, provided the payments fit within your new budget.

Timothy Denison agrees with this answer

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