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What is the legal definition of maintenance and support (pertaining to 523(a)(2)(A)

Customer Question
Having a credit card issuer...
Having a credit card issuer contest several charges pursuant to § 523(a)(2)(A) & § 523(a)(2)(C). One claim of which is that of "Luxury Goods and Services." It is my rebuttal that such items were not "Luxury" but rather necessary for my maintenance and support of my professional livelihood (they were in fact work related self-employment expenses, as revealed at the bankruptcy hearing - the credit card issuer was not present at the hearing).
Submitted: 8 years ago.Category: Bankruptcy Law
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3/5/2009
Bankruptcy Lawyer: JoeLawyer, Attorney replied 8 years ago
JoeLawyer
JoeLawyer, Attorney
Category: Bankruptcy Law
Satisfied Customers: 767
Experience: Attorney in the practice of Bankruptcy Law since 1996
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Hello KZ:

523(a)(2)(A) is referring to obtaining credit based on a fraud, but not fraud based on the debtor's financial condition (for example, it can be someone using a fake name, identity theft, etc). 523(a)(2)(B) is referring to credit obtained by a false statement involving one's financial condition, which can mean a fraudulent credit card application in which the debtor says he or she makes $100,000/yr when in fact he or she only makes $20,000/yr, etc. 523(a)(2)(C) is referring to luxury goods purchased within 90 days before the bankruptcy case is filed, or cash advances made within 70 days before the bankruptcy case is filed.

"Luxury goods" is further defined in 523(a)(2)(C)(ii)(II), which says that "luxury goods" does not include goods or services reasonably necessary for the support or maintenance of the debtor or debtor's dependent(s).

Expenses for maintaining one's livelihood are not likely "luxury goods" since one's ability to work is generally required for the debtor's maintenance. However, if the debtor goes to a conference in Hawaii, then the judge may or may not be too sympathetic.

I hope this helps and a positive feedback is always appreciated if this was useful to you.

LEGAL NOTICE: I am only licensed to practice law in certain state(s) and I cannot give legal advice to someone who does not reside in a state in which I am licensed, nor shall anything I say in the above answer or elsewhere on this site be deemed legal advice, even to someone who resides in a state in which I am licensed. Fees I receive for answering questions are paid for information, not for legal advice. This forum is designed to provide general information only, and information herein is not warranted to be correct or applicable in any way since laws may have been misinterpreted herein, since laws change from time to time, and since the impact of those laws on any particular situation varies. The information presented in this site shall not be construed to be formal legal advice nor the formation of an attorney-client relationship. Persons accessing this response are encouraged to seek independent legal counsel in their jurisdiction for guidance regarding their individual circumstances. Do not take any action or inaction based on information presented herein since it is informational and may not be accurate or applicable to you; it merely attempts to give you a basis of knowledge to help you formulate questions to ask a legal or other professional in a face-to-face meeting in your jurisdiction. Joseph Ross does not hold himself out to be a specialist or expert in any area, regardless of assertions made by any third party, and any implication of being an expert or specialist herein is made in error. I hope the information presented above is useful to you. Answer above is (c) Joseph Ross. All rights reserved.

JoeLawyer
JoeLawyer, Attorney
Category: Bankruptcy Law
Satisfied Customers: 767
Experience: Attorney in the practice of Bankruptcy Law since 1996
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Customer reply replied 8 years ago
Thank you. XXXXX ask a followup to this question?
Bankruptcy Lawyer: JoeLawyer, Attorney replied 8 years ago
Sure.

LEGAL NOTICE: I am only licensed to practice law in certain state(s) and I cannot give legal advice to someone who does not reside in a state in which I am licensed, nor shall anything I say in the above answer or elsewhere on this site be deemed legal advice, even to someone who resides in a state in which I am licensed. Fees I receive for answering questions are paid for information, not for legal advice. This forum is designed to provide general information only, and information herein is not warranted to be correct or applicable in any way since laws may have been misinterpreted herein, since laws change from time to time, and since the impact of those laws on any particular situation varies. The information presented in this site shall not be construed to be formal legal advice nor the formation of an attorney-client relationship. Persons accessing this response are encouraged to seek independent legal counsel in their jurisdiction for guidance regarding their individual circumstances. Do not take any action or inaction based on information presented herein since it is informational and may not be accurate or applicable to you; it merely attempts to give you a basis of knowledge to help you formulate questions to ask a legal or other professional in a face-to-face meeting in your jurisdiction. Joseph Ross does not hold himself out to be a specialist or expert in any area, regardless of assertions made by any third party, and any implication of being an expert or specialist herein is made in error. I hope the information presented above is useful to you. Answer above is (c) Joseph Ross. All rights reserved.

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