Legal Question in Bankruptcy in California

Bankruptcy

I have acquired lots of debt because of gambling and right now I got to the point that I can not afford to pay my bills, just wondering if I can file for bankruptcy? I do not have any evidence right now because I have taken out money as a cash advance from my credit line.


Asked on 7/09/07, 8:52 pm

1 Answer from Attorneys

Gary Fraley California Bankruptcy Attorneys

Re: Bankruptcy

You can file bankruptcy now even if you do not have evidence of where the money went. There are ways to prove up where the money went. What is of more concern is when you took the cash advances. We will have to look at each debt and see when the debt was incurred. There are limitations as to the ability to wipe out recent debts, however, those limitations can be overcome with proper planning. There is also the issue of qualifying you to file under the mechanical analysis of the means test which looks at the last 6 calendar months of income prior to filing your case. Even then, there are other factors. It is likely that you will qualify to file anyway but that cannot be determined based on the information provided.

You are welcome to contact my staff and set up a free, no pressure, attorney consultation with myself or my associate attorney in my Sacramento office. You can call 18006751005 to schedule your appointment.

I look forward to answering all your questions and helping you solve your financial problems.

Sincerely, Gary Fraley, Esq.

State Bar of California Board of Legal Speialization Certified Bankruptcy Law Specialist

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Answered on 7/23/07, 12:28 am


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