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Ellen, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36714
Experience:  Bankruptcy Lawyer. Experienced.
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I have a question about chapter 7 bankruptcy for Illinois.

Customer Question

I have a question about chapter 7 bankruptcy for Illinois. I was wondering what the guidelines were in regards XXXXX XXXXX the debt was amassed? I have approximately 53000$ in cc debt that I got mostly through internet gambling. It wasn't directly through the cards, though. I used the balance transfer checks they offered, deposited it in my acct, and then played using that money. I know that the courts consider that to be a cash advance, and that you have to wait 70 days before those are dischargeable. This has been over a year ago that the last one was done. Do you think it is more likely that the cc companies will challenge those debts being discharged? If I try and wait until more time has elapsed, does the likelihood of them challenging it go down? If they do challenge it and the courts rule that it is not dischargeable, how does paying them back go? Do they garnish my salary? If so, how much do they take?(not all of it, I hope). Would the cc companies start harassing me to try and collect after the judgement against me, or would they be prohibited from doing that by the courts? Thank you for your help in this matter! Sorry I had so many questions!
Submitted: 8 years ago.
Category: Bankruptcy Law
Expert:  Ellen replied 8 years ago.



Cash advances may be challenged as an exception to discharge based upon fraudulent intent not to repay. The more time that elapses between when the advance was taken and the filing of the petition, the more difficult the intent not to repay is to prove.


The credit card company would need to file an action within the bankruptcy called an "adversary proceeding" to challenge the dischargeablitiy of the debt. If that were to occur, you could consider negotiating a payment plan. If the debt were to be determined as nondischargeable, it would be handled similar to any debt that was not involved in a bankruptcy,