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Can credit card issuers challenge the discharge? 

While credit cards are generally unsecured and therefore dischargeable in a Chapter 7 bankruptcy, there are exceptions.  Credit card issuers can challenge the discharge of their debt in Chapter 7 by filing a non-dischargeability action claiming that the debt should be excepted from the discharge.

Credit card debts can be excepted from discharge for two reasons:

  1. The application submitted to get the card was fraudulent, or
     
  2. The card was used fraudulently.

The non-dischargeability of "fraud" claims arises only in Chapter 7 cases.  In a Chapter 13 case even debts incurred by "fraud" may be dischargeable.

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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Revised
February 21, 2005

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