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  1. #1
    Join Date
    Nov 2007
    Posts
    127

    Default Re: Recent Credit Card Debt and Bankruptcy

    i have heard the word INTENT so many times here, did you have the intent to file bk?? to defraud the cc.s ... if your investments tanked?? you were investing right.when you were borrowing the money for investements, you didnt have the INTENT to file bk. thats the most important statement you can make,,,, i think a GOOD bk lawyer would get you through this, also 3k many years ago was almost like 45k now, so no big difference there. i INVEST in the florida dog tracks everyday. thats not gambling, its INVESTING, and i think i do as well as most INVESTORS today.

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Recent Credit Card Debt and Bankruptcy

    Intent is inferred from the facts. Nobody can crawl into a debtor's mind and objectively determine "intent", and creditors don't much care what the debtor says about his innocent intentions if the facts suggest something else.

  3. #3
    Join Date
    Nov 2007
    Posts
    127

    Default Re: Recent Credit Card Debt and Bankruptcy

    it seems INTENT would be a very very hard thing to prove, naturally the creditors would TRY and use this, it would seem that unless the op told someone months BEFORE he went bust that his plan was to file bk if he lost, it would be un provable, doesnt the judge want to see some sort of evidence of fraud or intent?? other than a creditors claim of this? unless you leave some sort of evidence or trail i dont see HOW it could be proven. like i said earlier a GOOD bk wouldnt have a problem with this.imo

  4. #4
    Join Date
    Apr 2008
    Location
    Texas (Dallas area)
    Posts
    1,404

    Default Re: Recent Credit Card Debt and Bankruptcy

    Quote Quoting junker
    View Post
    it seems INTENT would be a very very hard thing to prove, naturally the creditors would TRY and use this, it would seem that unless the op told someone months BEFORE he went bust that his plan was to file bk if he lost, it would be un provable, doesnt the judge want to see some sort of evidence of fraud or intent?? other than a creditors claim of this? unless you leave some sort of evidence or trail i dont see HOW it could be proven. like i said earlier a GOOD bk wouldnt have a problem with this.imo
    FRAUD is obvious. If you put $45,000 on your credit cards a few months before going to bankruptcy court you can be sure you will end up in federal prison.

    As far as your $3000 being $45,000 in todays numbers I doubt that is the case unless you did your BK in the mid 1970's

    I have no idea why you are telling someone that is OK to go put $45,000 on his credit cards and then go to bankruptcy court. Unless you think it is interesting to watch the poster sent to the joint for 20 years.

    You must think that he US attorneys are either stupid or are just not interested in this type of fraud. You care very much WRONG.

  5. #5
    Join Date
    Nov 2007
    Posts
    127

    Default Re: Recent Credit Card Debt and Bankruptcy

    ohmy, you are the one scaring people, give me a break, federal prison?? the op did nothing wrong, does his cc disclosure say he cant advance and invest it?although if he could have made a couple more payments would have been better.... proving INTENT, is like proving or disproving a back injury or whiplash,its almost impossible.... and believe me i know about them, i have been in 4 rear ender accidents on the great los angeles freeway system,which helped my early retirement, my lawyers sent me to doctors that specialize in "back injurys" if the op has any problem it would be temporary insanity, for investing now. isnt stock market 101, buy low-sell high. and buying on margin when market is swinging like that, come on. tell bk attorney to claim temp insanity. my other problem with the op is he lives in ga. which along with northeast florida, is notorious for being ultra right wing conservative, he wont get the same fairness he would get in california, which is the most liberal state in the union. and yes i filed bk twice, once in 1971 and in 1982, so 3k then was worth a lot more, and i pushed the envelope on both bk.s and had noo problems, the only reason i havent filed 3 more times is i learned how to make myself judgement proof, and so far havent had the need to file again. i would hope the op will update us when he sees a bk lawyer, as you are soooo wrong on the intent issue....

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