Can cash advances be discharged in Bankruptcy?

Posted On : June 15, 2010   By : RobG

That depends. Cash advances usually are red flags to creditors when someone files bankruptcy. Modest amounts might go by unchallenged. All debt incurred in the 90 days prior to filing is presumptively non-dischargeable on the grounds of fraud. In such cases, the creditor will provide notice of its assessment and make a settlement proposal. Your lawyer should review the claim carefully. The burden of proof shifts to the creditor for debts older than 90 days before filing. If the issue cannot be resolved, the creditor will likely file a Complaint to Deny the Dischargability of Debt. In most cases, your lawyer should be able to guide you to a sensible resolution and avoid a trial.

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Posted in Bankruptcy FAQ