Legal Question in Bankruptcy in California

Bankrupcy

I have made alot of cash advances for my credit card including line of credit for home improvements and down payment from the car we both, now I'm having hard time paying my monthly. Can I file Chapter 7 and is there's any chance that it will be discharge?


Asked on 3/11/08, 12:06 am

1 Answer from Attorneys
Mark Markus Law Office of Mark J. Markus

Re: Bankrupcy

Whether you can file Chapter 7 depends on whether you are eligible and pass the means test, as well as other requirements. As far as the debts being discharged, creditors can object to discharge if they can prove that you did not intend, or have the reasonable expectation, of being able to repay the debts at the time they were incurred. In general, if the debts were incurred within 90 days prior to filing the bankruptcy, it is presumed to be non-dischargeable.

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Answered on 3/11/08, 12:15 am


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