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cortrightlaw
cortrightlaw, Attorney
Category: Bankruptcy Law
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Experience:  Attorney practicing Bankruptcy Law including Chapter 7, Chapter 11, Chapter 12, and Chapter 13.
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For some background: I currently have 35,000 in debt to American

Resolved Question:

For some background: I currently have 35,000 in debt to American express. Over the past I have been able to pay off balances in full totalling 10,000 to 69,000 in some months. Recently, I had an out of court settlement, leaving me with little to nothing. This Amex debt has been charged in the past 2 months and was charged with every intention of paying it back just like in previous months. American Express has begun to call me as I am now in default. As a sign of good faith, I made a 500 dollar payment (which is all i could afford).
My question is, will American Express perceive my recent charges as fraud? (these charges were mostly on clothing and luxury goods, but thats no different than months past as this card was primarily used for that affect) I have no assets and I am being relocated to the United Kingdom. I dont want this to affect my immigration. and can they pursue my debts if I am out of the country? (proper service, collections, etc.)
Submitted: 1 year ago.
Category: Bankruptcy Law
Expert:  cortrightlaw replied 1 year ago.

cortrightlaw : Are you stating that you are never going to be able to pay it? And are you considering bankruptcy?
Customer:

i currently have no ability to pay. I am considering bankruptcy but i will be permanently out of the country. I dont know how that would affect the meeting of creditors etc.

Customer:

And I surely dont want amex to view this as an attempt to defraud them

cortrightlaw : You would have to be present for the meeting of the creditors. Additionally they would consider any charges within 90 days of filin the bankruptcy to be presumed to be fraudulent and non dischargeable.
Customer:

so should i wait for 90 days to be up? whats my timeline before civil suit? and would you consider my recent charges an act of fraud?

cortrightlaw : It would really depend on the facts of our situation, and why all of a sudden you can not pay for what you purchased, which from what you said are not necessitys.
Customer:

These charges are not out of the ordinary for this card. And I cannot pay because of a settlement agreement that left me near pennyless. I have conveyed this to Amex and they noted it on my account. I have stopped receiving calls from them. Dont know if this is a good sign or a bad sign.

cortrightlaw : They will eventually turn it I've to a collection agency who will start calling you and eventually file a lawsuit.
Customer:

OK thank you for the advice. i will leave excellent feedback!


Last question: If you were Amex and knowing the circumstances, would you view this as an attempt to defraud?

cortrightlaw : Hard to say I would need more facts, but it is a large amount of money so they will likely pursue it.
cortrightlaw, Attorney
Category: Bankruptcy Law
Satisfied Customers: 513
Experience: Attorney practicing Bankruptcy Law including Chapter 7, Chapter 11, Chapter 12, and Chapter 13.
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