Bankruptcy Law

Bankruptcy Law Questions? Ask a Bankruptcy Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Bankruptcy Law
This answer was rated:

For some background: I currently have 35,000 in debt to American

express. Over the past I...
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.)
Show More
Show Less
Ask Your Own Bankruptcy Law Question
Answered in 2 minutes by:
9/2/2012
cortrightlaw
cortrightlaw, Attorney
Category: Bankruptcy Law
Satisfied Customers: 513
Experience: Attorney practicing Bankruptcy Law including Chapter 7, Chapter 11, Chapter 12, and Chapter 13.
Verified

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
cortrightlaw, Attorney
Category: Bankruptcy Law
Satisfied Customers: 513
Experience: Attorney practicing Bankruptcy Law including Chapter 7, Chapter 11, Chapter 12, and Chapter 13.
Verified
cortrightlaw and 87 other Bankruptcy Law Specialists are ready to help you
Ask your own question now
Ask cortrightlaw Your Own Question
cortrightlaw
cortrightlaw
cortrightlaw, Attorney
Category: Bankruptcy Law
Satisfied Customers: 513
513 Satisfied Customers
Experience: Attorney practicing Bankruptcy Law including Chapter 7, Chapter 11, Chapter 12, and Chapter 13.

cortrightlaw is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Terry L.

Terry L.

Attorney

2,679 satisfied customers

Better Business Bureau. 18yrs bankruptcy experience. Chicago Bar Assoc. American Bankruptcy Institute member.

cortrightlaw

cortrightlaw

Attorney

513 satisfied customers

Attorney practicing Bankruptcy Law including Chapter 7, Chapter 11, Chapter 12, and Chapter 13.

JoeLawyer

JoeLawyer

Attorney

376 satisfied customers

Attorney in the practice of Bankruptcy Law since 1996

A.J.

A.J.

Attorney

262 satisfied customers

Experienced consumer bankruptcy attorney.

Fritz

Fritz

Attorney

209 satisfied customers

Florida attorney with extensive experience in Chapter 7 and Chapter 13 consumer bankruptcy cases

Law Girl

Law Girl

Attorney

153 satisfied customers

I am an attorney.

Paul K, Esq.

Paul K, Esq.

Attorney

141 satisfied customers

10 years Exp., Great customer service, Prompt responses.

< Previous | Next >

Related Bankruptcy Law Questions
I just had my meeting of creditors. I just left a job and
I just had my meeting of creditors. I just left a job and wish to cash out my 401k. Do i need to wait until discharge date to do this? … read more
DrakeLAW
DrakeLAW
Juris Doctorate
984 satisfied customers
The Ch 11 Debtor is an individual whose assets include
The Ch 11 Debtor is an individual whose assets include ownership of shares in two closely held companies. The Debtor has produced financial statements which demonstrate the value of his equity interes… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I am scheduled for a 341 meeting of creditors next week in a
I am scheduled for a 341 meeting of creditors next week in a bankruptcy case ch.7. But I have changed my mind and don't want to go through with it. I have read that (if I don't show at the meeting), t… read more
LegalGems
LegalGems
Juris Doctorate
10,718 satisfied customers
How do I find out if I qualify for chapter 7 BK Assets 2000
How do I find out if I qualify for chapter 7 BK Assets 2000 Med Bill Debt 22k Tax Debt 12K ( over 3 years old I have been making payments) Card Debt 9K Collections 7K Income SSec 1611 per month… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,377 satisfied customers
Assume a judgment debtor has an asset worth $10,000. The
Assume a judgment debtor has an asset worth $10,000. The judgment creditor has represented to the judgment debtor that he isn't going to pursue the judgment. The debtor then sells the asset for its fu… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,871 satisfied customers
Will or no will. If your debt to asset ratio is a lot ( I'm
will or no will . If your debt to asset ratio is a lot ( I'm filing Bankrupcy) is it best to not have a will and let the probate deal with it . Rather than having my family deal with the mess . … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
TY I gave my wife all my assets 5 years ago can my crediors
TY I gave my wife all my assets 5 years ago can my crediors go after her assets … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,403 satisfied customers
I am not sure. I got sued by a collection agency and am
I am not sure. I got sued by a collection agency and am trying to file my Answer correctly … read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
35,358 satisfied customers
DEAR EXPERT, AN ACTIVE CHAPTER 11 BK WHOSE ASSETS ARE TWO
DEAR EXPERT, I AM IN AN ACTIVE CHAPTER 11 BK WHOSE ASSETS ARE TWO SFR. I HAVE HAD ISSUES WITH THE LAWYER THAT REPRESENTS IN THIS CASE. HE HAS FAILED TO ME FILE ON TIME, FILE REORGANIZATION PLANS ETC. … read more
DrakeLAW
DrakeLAW
Juris Doctorate
984 satisfied customers
How do I list tax returns on my list of assets if I'm unsure
How do I list tax returns on my list of assets if I'm unsure of the amount my refund will be?… read more
Terry L.
Terry L.
Attorney
Doctoral Degree
2,679 satisfied customers
In ch13, $200,000 to pay off CH 13, assets of property,
In ch13, $200,000 to pay off CH 13, assets of property, behind in mortgages $30,000 six properties due to unemployment. Will be employed by end of March 2017. Need strategy plan to get out of CH 13. M… read more
DrakeLAW
DrakeLAW
Juris Doctorate
984 satisfied customers
If a judgement creditor executes on the assets of a
If a judgement creditor executes on the assets of a judgement debtor and conducts a sheriff's sale wherein the judgement creditor bids less than reasonably equivalent value for the assets, why is that… read more
DrakeLAW
DrakeLAW
Juris Doctorate
984 satisfied customers
I have a business whose primary asset is our software. The
I have a business whose primary asset is our software. The market has changed and we're no longer profitable, but deeply in debt. With much trouble, I found a buyer for the business software, but with… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,377 satisfied customers
I own a C-Corp in Illinois. The "assets" are 2 taxi
Hi,I own a C-Corp in Illinois. The "assets " are 2 taxi Medallions,valued at 120,000 combined and 1 car ,valued at $5000.But my medallions loan is $500,000,so Im totally "underwater".(the Medallions v… read more
Maverick
Maverick
Doctoral Degree
6,134 satisfied customers
In Utah, if a debtor transfers (sells) an asset for
In Utah, if a debtor transfers (sells) an asset for reasonably equivalent value (as much or more than the asset is worth) to another party, is the transaction still voidable if it is deemed the debtor… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
If payment is being made to a collection agency on regular
If payment is being made to a collection agency on regular bases for several months and then you increased payment can they still take you to court or force you to go into bankruptcy?… read more
Ely
Ely
Counselor at Law
Juris Doctor
266 satisfied customers
After a judgment creditor has executed on an asset, how do
After a judgment creditor has executed on an asset, how long do they have before they are required to sell the asset at auction? Can they just keep the asset and not sell it at auction? Is an auction … read more
DrakeLAW
DrakeLAW
Juris Doctorate
984 satisfied customers
I filed Chapter 7 no asset bankruptcy in March 2014 and it
I filed Chapter 7 no asset bankruptcy in March 2014 and it was discharged in JUne 2014. Can I file bankruptcy again now?… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,871 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x