Legal Question in Bankruptcy in Michigan

Re: Gambling

Dischargeability in a Chapter 7 does not depend on whether the debt is a gambling debt, but on whether the cash advance was fraudulent (there are other categories of non-dischargeable debts, but fraud is the only one that would seem to apply). There is a 60-day period of presumed fraud for cash advances over $1075, but after that the credit card co. would have to prove that you committed fraud by misrepresenting your financial condition, taking the advance without the intent to repay, or otherwise. But some courts have found that gambling debts raise a suspicion of fraud, so speak with an experienced bankruptcty lawyer who can research the local court's opinions and advise you.

In Chap. 13, there should be no question about the dischargeability of such debts given the "super-discharge" available under that chapter.