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Bankruptcy and Credit Card Debt

In Chapter 13 and Chapter 7 bankruptcy cases, credit card debts are usually the easiest debts to discharge. However, there are certain cases in which a credit card company might dispute the discharge of credit card debts.

The most common way that credit card companies try to block the discharge of credit card debts is through an adversarial proceeding against the debtor. Credit card companies do this when they think that they can prove that fraud was used either in obtaining a credit card or in the use of the credit card.

For example, if a credit card company can prove that a card was obtained under false pretenses, such as the use of fraudulent information when completing the application, they may be able to get any debts on that credit card to be declared non-dischargeable. Likewise, if any major purchases are made on a credit card shortly before filing for bankruptcy, a credit card company can claim that the debtor made the purchases with no intention of repaying the debt. This is another type of fraud and can be used to declare credit card debts non-dischargeable.

Have questions about credit card debt and your bankruptcy? Contact the Malaise Law Firm today to get instant answers from an experienced Houston bankruptcy lawyer.

Categories: Bankruptcy, Debt Relief

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