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What
options are available if your credit card discharges
are challenged?
First of all,
you should consult an attorney before filing to
lessen the likelihood of a challenge. If you are
concerned about a challenge by a credit card issuer
to the discharge of a particular debt, there are
several strategies available:
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Wait to file bankruptcy to put more time
and/or more payments on the account between
usage and filing.
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File Chapter 13 where even debts that may have
been incurred fraudulently are dischargeable.
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Convert the case to Chapter 13 if
non-dischargeability actions are filed.
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Contest the suit at trial; if you win, you may
recover attorney fees incurred to defend the
action.
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Settle with an objecting creditor if it
appears likely you would lose a trial on a
non-dischargeability action. |
For
more information about bankruptcy, please
call us at 408-294-6100, or e-mail us via
info@sjconsumerlaw.com. One of our
attorneys will be able to answer any questions
which you may have in greater detail. Please
remember that the foregoing information is of a
general nature, and does not constitute legal
advice. The facts of each situation are unique,
and we must discuss those facts with you before
any advice can be given. |
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