Prevent Fraud Challenges on a Credit Card Debt
Very recent credit card purchases and cash advances can be a problem when filing bankruptcy. Smart timing can mostly solve this problem.
More Actions to Take When Considering Bankruptcy
If you're considering filing bankruptcy, what debts can you incur and which should you avoid? What are the possible consequences?
Challenging the Automatic Stay
A creditor might want to pay a claim through your insurance, or finish a lawsuit to establish that you got the debt through fraud.
Timing: Avoiding “Fraudulent Transfers”
Giving a gift, or selling for less than true value, can cause problems when done before bankruptcy, but usually only if the amount is large.
Resolving a Fraudulent Transfer Painlessly through Chapter 13
If you owe "priority" debts like income taxes and/or support payments, you may be able to pay no more while protecting a transferee.
Preventing Avoidance of Fraudulent Transfers through Chapter 13
Overall, Chapter 13 can be more powerful and more flexible than Chapter 7. That often also applies to a fraudulent transfer.
Are Charitable Gifts Fraudulent Transfers?
Charitable donations made during the two years before filing bankruptcy may fall within a safe haven of not being fraudulent transfers.
Fraudulent Transfers without the Actual Intent to Defraud
Selling or giving away something innocently, without trying to hurt your creditors, could still give the trustee the right to get it back.
Fraudulent Transfers with Actual Intent to Defraud
Selling or giving away something to prevent your creditors from getting it may make a certain amount of sense but could be very dangerous.
Introducing Fraudulent Transfers
"Fraudulent transfers" have similarities to "preferences." They are both worth understanding because they can cause unnecessary hassles.
The Judge’s Ruling in a Dischargeability Proceeding: an Example
In our example of the adversary proceeding about whether a debt gets discharged, here is the bankruptcy court's ruling on the matter.
The Closing Arguments in a Dischargeability Proceeding: an Example
In our example about the adversary proceeding about whether a debt gets discharged, here are the creditor's and debtor's closing arguments.
The Trial in a Dischargeability Proceeding: an Example
In our example about the process about whether a debt gets discharged, here's what happens at the bankruptcy court trial itself.
Discovering the Facts in a Dischargeability Proceeding: an Example
Here's how the debtor and creditor get at the facts in an adversary proceeding about whether a debt gets discharged.
Answering a Creditor’s Dischargeability Complaint: an Example
Here's an example showing how to answer a creditor's complaint objecting to the legal write-off of a debt in bankruptcy.