Bankruptcy in Brief

             a service of the Moran Law Group

 

superceded by 2005 amendments

See Chapter 13 discharge after "reform"

Credit card debts in Chapter 13

The provisions of the Bankruptcy Code making debts incurred by fraud nondischargeable do not apply in Chapter 13.  (That's why the Chapter 13 discharge  is called the "super discharge").  

So, in situations where the creditor might be able to argue that the credit card was obtained with falsehoods, or was used  when the card holder had neither the ability nor intent to repay, the debt can still be discharged in Chapter 13, where it might be non dischargeable in Chapter 7.  Frequently, it is cheaper for the debtor to fund a Chapter 13 plan than it is to pay a lawyer to defend a non dischargeability adversary in Chapter 7.

Blatantly dishonest use of credit cards , however, might be the basis for a creditor to challenge confirmation on the basis that the debtor lacks the "good faith" necessary for Chapter 13. 

  discharge in Chapter 7

  discharge in 7 and 13 compared

Up ] Chapter 13 in action ] [ Credit card in 13 ]

 

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