top Ad Widget

Collapse

Announcement

Collapse
No announcement yet.

CH13 in NJ with Casino Debt

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    CH13 in NJ with Casino Debt

    Hello,

    I am looking for information and advice on my case. I have filed for CH 13 bankruptcy a few months ago due to compounding a lot of debt including casino debt. In the past I frequented casinos and played regularly. I took advantage of offers, promotions, and high win percentage games such as poker, blackjack, and video poker. Playing higher limits using casino markers for years which I always paid back on time up until the point of filing for bankruptcy. Casino markers have to be paid back in 45 days, and when I realized I couldn't pay them back for the first time in my life I considered filing for bankruptcy. At this point I was up to date on my markers and all debt payments. I had a consultation with a bankruptcy lawyer, and in turn we filed for bankruptcy. Assuming all my listed debt was included I started payment and had my 341 meeting, and this is where my issues arose.

    After the 341 meeting the Trustee demanded for me to go on the NJ self exclusion list or she would dismiss the case so I reluctantly did. I say reluctantly as I had already stopped gambling, but was being given large amounts of free offers (bets, electronics, etc) due to the high limit play I had done in the past. These offers worth over $1000/wk would have gone on for 3-4 months after I stopped playing with my money, but would stop immediately if one was on the state voluntary self-exclusion list. The other reason included in me saying reluctantly is In my mind they were making it not Voluntary any more as it states it must be on the paperwork I had to sign.

    Shortly after getting on the list I find out one law firm filed multiple APs for casinos to make the debt non-dischargable due to being within 90 days of filing. This was a huge shock to me as my Lawyer never even mentioned this as a possibility when we filed, or I would have waited the extra 30 days. This was approximately 50% of my unsecured debt, and after speaking to my Lawyer many times he recommended trying to come to a deal with them. Months have passed with my confirmation hearing postponed and my Lawyer working with the opposing council to make a deal ending with him recommending I take their last offer of paying back the debt owed to them in full in a 3 year period after my chapter 13 payments are over and they would agree to not take action on the debt. On top of this with my confirmation hearing scheduled now for barely over a week from today I am told the Trustee now wants me to go on self-exclusion lists for other states I have gambled in. Most of these locations were free trips offered to high players such as a Vegas trip and Louisiana trip I took last year. Looking online today I find out some of these states don't even offer voluntary self exclusion, such as Nevada, and any ones that do all have to be done in person.

    I find myself wondering if these things that have and are happening to me are normal in these scenarios? Is the Trustee allowed to force me to travel the country and get on these lists that are not even available for all of the places I have previously gambled? Is paying back the debt to the APs over 3 years after my bankruptcy all I can do if its the only option the offer?

    Sorry for the long post, I am just at a point where I am overwhelmed with my situation. Any help or suggestions would be greatly appreciated.

    #2
    Hi NJAC, welcome to the Forum. Unfortunately, I have no words of wisdom for you. I have never read or heard of a situation quite like this. Plus, I am an Asset CH7 person. Perhaps in a little while some of the CH13 people will come on board. This is the drive time/dinner time period right now.

    Good wishes to you.
    "To go bravely forward is to invite a miracle."

    "Worry is the darkroom where negatives are formed."

    Comment


      #3
      Tough love time: Until you get a handle on your gambling issues, I believe your filing your BK is useless...
      ~~ Filed Over Median Income Chapter 7: 12/17/2010 ~~ 341 Held: 1/12/2011 ~~ Discharged: 03/16/2011 ~~
      Not an attorney - just an opinionated woman.

      Comment


        #4
        Sorry, I think only a second opinion in Nevada or other gambling state would give you best advice, can you just confer with another atty? Good luck,
        Discharge date: October 2017 (will it ever get here?)

        Comment


          #5
          I do not think that a "gambling" gene has been identified in the human genome (maybe there is one for general irresponsibility), so your indebtedness due to gambling is almost certainly a 100 percent self inflicted, and therefore indefensible, state of affairs. Casinos are not in the business of absorbing losses and do not look kindly upon gamblers whose rationale is "I can always file for bankruptcy if the worst happens".
          You are either going to defend yourself in an adversary procedure, which will cost a lot of money in legal fees, or agree to pay the casinos back. I'll bet your attorney will advise you to accept the casino's offer to suspend an AP in exchange for an agreement to make the debt non-dischargeable.

          You never know what the future will bring. But, you already know what's going to happen if you deny present reality.

          Comment


            #6
            It sounds to me like your attorney was negligent in failing to notify you of the 90-day lookback for presumption of abuse, and failing to warn you to delay your filing. Unfortunately, that fact doesn't help you at this point in time. If you can demonstrate some unexpected event, such as a car accident, job loss, business failure, etc. in the time between incurring the debt and filing, you can defeat the creditors' claim of abuse. If not, then they will probably succeed in having the debt ruled non-dischargeable, which means that you can't attempt to discharge it even if you file for bankruptcy again in the future.

            I do not know if dismissing the bankruptcy and waiting another 6 months or more to refile would help. If that is a workable strategy (and I am not saying that it is) then you could choose to dismiss the bankruptcy BEFORE the casinos have their debts ruled non-dischargeable, and then when you file again in the future, you could have the debts discharged. Hopefully, someone who is an attorney will post here as to whether that is a workable strategy or not.

            Comment


              #7
              You didn't get enough good legal advice going into this.
              I would have let the trustee dismiss the case and waited to refile.
              Now you have a mess, I would still try to get the case dismissed because the alternative is being forced into a chapter 7 which is probably better for you.
              Do you have tax issues or trying to save a house?
              Really you're going to have a hard time in BK by taking the angle that you are an advantage player who was unlucky. It does not fit the desired profile of the "honest but unlucky debtor". Unlucky as in, setbacks in health or business, but not gambling.
              The courts aren't going to remove your negative variance for you. It's just poor public policy and bad PR for the courts and the lawyers.
              filed chapter 13..confirmed...converted to chapter 7...DISCHARGED!

              Comment

              bottom Ad Widget

              Collapse
              Working...
              X