Legal Question in Bankruptcy in California

Undischargable cash advances with 6 months of filing Bankruptcy.

My wife lost her job back in summer and by October the money ran out and we began to pull cash advances in Oct, Nov & Dec for food, gas, bills, etc... Now it has reached the point were I can only make small payment to some, not all of the credit cards. The calls from creditors have begun. I am considering filing bankruptcy and have added up all the cash advances from 4 months ago which add up to about 10k and an additional 47k in purchase from 1 to 6 years back. I guess my question is, How much is dischargable and when would be the best time to file.


Asked on 4/05/02, 5:08 pm

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

Re: Undischargable cash advances with 6 months of filing Bankruptcy.

Whether it is dischargeable or not depends on if the creditor objects to discharge in a Ch. 7 case and prevails. With the cash advances you have made, there is a strong likelihood that such objections would be made. You may wish to wait longer to increase your chances, or consider filing a Ch.13 case. If you'd like a free consultation, please visit my webpage at http://www.bklaw.com/consult.html and then give me a call.

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Answered on 4/05/02, 5:11 pm


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