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Consumer Bankruptcy : Chapter 7, Chapter 13, Protection From Claims of Creditors
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Old 06-09-2009, 03:47 PM
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Join Date: Jun 2009
Posts: 2

cash advances & chapter 7 bk


What is the name of your state (only U.S. law)? Florida

Four months ago I started to get worried about being layed off. I took cash advances on several credit cards and paid of the loan on my mobile home, which is my primary residence. I had every intention of making the payments but I figured if I was laid off I would rather make the credit card companies wait to get paid and not have to worry about the house payment.

I made the credit card payments as required until I was laid off 2 months later. My only sources of income now are social security and temporary unemployment benefits. I have not used the credit cards or made payments on them since I was laid off.

I am 68 years old, job prospects look bleak and I don't have many assets so I am considering chapter 7 bk to get a fresh start.

Here are my questions: Will the cash advances be disallowed if 1 or more of the card companies object? Should I wait longer before filling? How long?What is the name of your state (only U.S. law)?
  #2  
Old 06-09-2009, 04:29 PM
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Join Date: May 2001
Posts: 6,455
The creditor will have to file an adverserial proceeding and win . If that happens, that specific debt won't be discharged.
As a general rule, the more time you can put between cash adavances and filing the better,
How much were the advances?
Have you spoked to a bk lawyer?
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