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.
Smart Timing with the Presumptions of Fraud
You can avoid the presumptions of fraud, and so discharge more of your credit card debts, by timing your bankruptcy filing right.
Failing to List Debt but the Creditor Knows about Your Case
Usually if you don'='t list a debt, it doesn't get discharged. An exception is if the creditor still learns about your case, on time.
List all Creditors in Your Bankruptcy Case
If you don't list a debt in your bankruptcy case, and don't add it in on time, it may not be written off. So carefully include all debts.
Writing Off or Discharging Debts in Chapter 7 and Chapter 13
Bankruptcy is about writing off or discharging debts. The timing of discharge is quite different in Chapter 7 and 13; both are permanent.
Going to Trial on a Nondischargeability Dispute with a Creditor
The trial, almost always in front of a bankruptcy judge and no jury, is the final determinator whether the challenged debt gets discharged.
Creditor’s Failure to File a Proof of Claim in Chapter 13
If a creditor doesn't file a timely proof of claim on a debt in your Chapter 13 case, you pay nothing on that debt.
Potentially Pay Nothing to Most Creditors in Chapter 13
In some jurisdictions you can pay nothing to your "general unsecured" creditors, if all your money goes to paying higher priority ones.