13? on cash advances and gambling debt

[helpsoneeded]

If you have alot of debt due to cash advances and gambling, along with constintly doing balance transfers to make ends meet so you dont have to deal with the phone calls, is it a big deal to file a 13? Can creditors object? thanks again!!!

[lrprn]

If you have alot of debt due to cash advances and gambling, along with constintly doing balance transfers to make ends meet so you dont have to deal with the phone calls, is it a big deal to file a 13? Can creditors object?

The amount of debt you have and how you got the debt is not what decides if you can file Ch 13, and you don't get to decide either. How your income compares to your state's median income for your family size plus how much disposable income (if any) shows up on the Means Test is what decides which chapter you can file - 7 or 13.

Creditors can object to the discharge of what you owe them if they can prove there's a legitimate reason to object that can be proven in court. They can't just object because they want to.

[CATCHMEIFYOUCAN]

I didn't have any problems with my BK. My gambling and cash advances and consolidation loans due to gambling was never an issue, was never brought up. Think you'll be fine, most Trustees are more concerned how much disposable income he can squeeze out of you to pay back the creditors. I've always kept up my payments with the creditors from the gambling, cash advances, balance transfers etc IT would be hard for the creditors to prove any fraud since I was consistant with my monthly dues!

Don't worry too much, you should be fine

Catchmeifyoucan

[aa06a47]

In my case, there were no objections from my creditors due to cash advances. You really need to try and not do any balance transfers / cash advances / use of any credit card 90 days before filing.

Under the old law, creditors were not even allowed to object. Under the new law, they definatly can object. If at all possible, try and use time as your friend. My wait time was a little over 100 days. It was hard, especially when I didn't make payments my last month.