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cash advance dischargability--CA

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    cash advance dischargability--CA

    Hello everyone:

    I have been thinking about filing for quite some time now. The main thing that's been stopping me is that I have about $60000 in credit card debt--but almost all were cash advances. I was told that large cash advance transactions will always be challenged by creditors. Is it true? These cash advances are taken about 1 year ago and I've been current on all of them up to this point.

    I have a 15-year credit history, and I'll say about 90% of the time I have used my credit cards for cash advance transactions. I've also never been late/delinquent on any cards. My score has been consistently around 700 over the last 10 years.

    The reason I brought up my history is this: I wonder if my past GOOD record will help prove that I did have a habbit of using my credit cards for cash advances, instead of running them up recently.

    I live in CA and thanks in advance for all your expert advices.

    #2
    Hi,

    If all your cash advance debts are still current and your have sufficient income to pay down these debts, you will more than likely experience some difficultly in getting these debts discharged completley, under a Chp7. You'd most likely be investigated for a Chp 13.

    If you're adament about not paying for your debts, just because you don't want to pay them off. (for whatever reason) You'll want to stop paying on your debts for at least six months to one year straight, and obstain from using any other form of credit. After doing so, then you'd want to file for Chp 7. In order for a Chp 7 to work properly, you need to proof/show that you can't afford to pay your debts.

    Good Luck!
    The information provided is not, and should not be considered legal advice. All information provided is only informational and should be verified by a law practioner whenever possible. When confronted with legal issues contact an experienced attorney in your state who specializes in the area of law most directly called into question by your particular situation.

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      #3
      I just received a $15,000 cash advance around 2 months ago. The information that I gave was true, I told them that I work 2 jobs and own a business. I used the money to pay off one credit card that was ripping me off, and to pay off some advertising for my business. If I don;t work 2 jobs, I cannot afford to pay these bills. I work about 60-70 hours per week, including working at my business. I don't pay myself for working, but I don't have to pay an employee while I'm there, and I can't afford to pay an employee full time.

      Can they force me to continue working like this? Or can I file bankruptcy based on the fact that I wouldn't be able to pay the bills with only 1 job? All are up to date currently, but I don't know how much longer I can physically work these hour.

      Comment

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