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Discharge Challenge

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When do card issuers challenge discharge of debts?

Each card issuer has a different policy on this, but certain circumstances can increase the probability that your discharge will be challenged:

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Increase in credit card usage shortly before filing.

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Newly issued card.

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Large cash advances in months before filing.

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Use of card for travel or vacations.

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Pattern of borrowing on one card to make payments on others.

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Exceeding credit limit without authorization.

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Using card when unemployed or without reasonable belief that the debt can be repaid.

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Large balance at filing

Generally, the more time that elapses between any particular use and the bankruptcy filing, the less likely it is that the usage will trigger a challenge to the discharge.

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
March 03, 2005

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