Legal Question in Bankruptcy in New York
Eligible debt
My brother built up alot of debt about 6 months or so ago because of gambling losses. He used money from loans and some credit card advances to gamble. His losses were large. Is this type of debt allowed under chapter 7 or 13.
Asked on 10/31/08, 3:02 pm
1 Answer from Attorneys
Andrew M. Doktofsky
Andrew M. Doktofsky, P.C.
Re: Eligible debt
Gambling losses are generally dischargeable in both Chapter 7 and Chapter 13. However, cash advances incurred within 70 days of filing are not dischargeable. Also, a creditor can seek to have cash advances outside the 70 day period deemed nondischargeable if it can prove that there was no intention to repay the debt.
Please contact my office directly if you would like to discuss your brother�s situation further. You may also visit my website at amdlaw.com for more information.
Answered on 10/31/08, 3:25 pm
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