San Diego Bankruptcy Attorney
If you are behind on your credit card payments or have a balance you will never be able to pay down, Chapter 7 or Chapter 13 bankruptcy might be right for you. Your San Diego bankruptcy attorney will tell you that most all credit card debt can be discharged in bankruptcy.
But you really have to be careful when using your credit cards before filing for debt relief. Many times the credit card company will object to the discharge of your credit card debt because they think you are trying to defraud them.
Common arguments are:
- The application contained false information
- You made a charge that you never intended to repay
If the credit card company does object to the discharge of the debt, your bankruptcy judge will consider, among other things, the following:
- How close the charges were to the date you filed bankruptcy
- If a San Diego bankruptcy attorney was called before the charges
- How many charges
- How large the credit card charges were
- How your balance is in relation to your credit limit
- Were there numerous credit card charges on the same day
- Whether you have a job
- If you do not have a job, are you in the process of getting one
- Are the charges consistent with your previous spending habits
- Were the items purchased luxury items
If the answers to the above raise cause for concern, consult with an experienced San Diego bankruptcy lawyer who may:
- Advise you to hold off on filing for bankruptcy debt relief so more time will elapse and you can make more payments. The goal is to distance the offending charges from the San Diego bankruptcy filing.
- File for bankruptcy protection and reply to the objection with evidence that you were acting properly when making those credit card charges.
- Offer a settlement to the credit card company when they make their objection.
- Have your bankruptcy lawyer convert your case from a Chapter 7 to a Chapter 13 bankruptcy.
The credit card companies will be very aggressive in trying to collect any credit card debt owed. You need an aggressive bankruptcy lawyer to fight back. For over 35 years, Thompson | Wedeking has helped thousands of individuals in San Diego, Southern California and California get the fresh start and credit card relief they deserve. We can file your bankruptcy case today. Call our office today at 619.615.0767 for more information.
