Legal Question in Bankruptcy in Minnesota
wondering about cash advances
wondering about large cash advances I took for gambling losses and when they can be discharged. If at all. I am not able to pay all my credit bills at the moment so probably will be garnished. Will garnishment count toward paying on credit cards or do I have to make specific payment on cards before they close them
1 Answer from Attorneys
Re: wondering about cash advances
Every potential bankruptcy filing is different. We would really have to take a specific look at your case before I could advise you.
The thing about cash advances and gambling is the question of whether the debt was incurred with an intent to never pay it. As far as I know, there is no hard and fast rule as to how long to wait before filing a bankruptcy, but the longer you wait the less likely it is that someone will say you intended to file the bankruptcy at the time you got the cash advance.
So the older it is the better, but there's no specific rule.
Once you start getting garnished, the payments count toward the debt; but they will have added lots of attorney fees and additional charges so that you will be going backwards not forwards are far as how much you owe, at least at first.
This is no substitute for seeing a lawyer fact to face. I would be glad to discuss this with you. My contact info is at http://www.mn-bankruptcy.com.
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