Discharging gambling Debts

[PaKettle]

I think you're creating issues where none appear.
A loan from 3 years ago won't be challenged. You've done nothing more than many of us have done. Taken cash advances and used them for everything under the sun.
If anyone cared to ask, what's wrong with the complete and simple truth-I spent it over the years.
One piece of advice. You tend to be wordy-not trying to censure you here but, when you file bk and are asked a question by the trustee-answer just yes or no if that's possible. Let the trustee ask followup questions if they want some detail. Volunter nothing.

Yes, I do have that problem, and in depositions re an accident case my attorney kept reminding me! Here it's because I write off the top of my head and I am a fast typer so I just type my thoughts... Sorry that they are sometimes long, but I don't always have time to go back and edit them to make them shorter.

Thanks for the replies. I am also very nervous about all this, I hate being grilled about things by attorneys and judges. Even in the depositions for our accident case where we were clearly the victims and had a clear cut case, they made me very nervous, and made my wife cry. I've found that attorneys and judges have a way of making you out to be a bad guy even when you're not!

[Spartan]

They are not out to make you a bad guy. It is about the adverserial nature of our judicial system. They are out to shake the tree to see if anything falls out from it. You just stand firm on your position and you are fine. I am sure you know this.

[PaKettle]

They are not out to make you a bad guy. It is about the adverserial nature of our judicial system. They are out to shake the tree to see if anything falls out from it. You just stand firm on your position and you are fine. I am sure you know this.

Right, I know that. But knowing it and dealing well with it are 2 different things, especially for my wife, who gets upset if someone even raises their voice to her or confronts her in any way. It's just the way she is.

But we just have to learn to stand firm as you say and try only to answer yes or no, or with as little explanation as possible.

[JRScott]

Hello.Thank you for your great responses.
Is it true that the dischargeablity of gambling debts depends on your district?
Thank you guys, you are truly the best. I appreciate all of your help.

I don't think its dependent on your district.

You remind me of many of us when we filed , worried about every little thing . I hope that your bk goes as smooth as mine has ;)

[HHM]

I don't think its dependent on your district.

You remind me of many of us when we filed , worried about every little thing . I hope that your bk goes as smooth as mine has ;)

Regarding whether gambling debts can be discharged varying from districts....

The answer is yes and no....but AGAIN, if the gambling debt is something you charged on a "credit card", then regular BK rules apply, the debt can be discharged like any other debt, the only caveat is, that a creditor is more likely to object to discharge if the gambling debt was incurred fairly recently before you filed BK (but that is true of any non-necessary item).

What does vary by district is the issue of "gambling markers" from casinos. E.G. In Nevada, gambling markers cannot be discharged. But in other states, they may be discharged.

[PaKettle]

Obviously this does not refer to me and my case, since I don't even know what a gambling marker is... but for clarification in this thread for those who may not know, What the heck IS a gambling marker?

But as to my previous question, then: gambling is a perfectly legitimate way to spend cash advances (i.e. the creditors cannot easily raise objections), as long as it was not done recently? (My most recent gambling losses from advances or balance transfers into my checking account would have been over 6 months ago, and I probably won't file for another 2-6 weeks. I paid on those debts for at least 5 months if not more and they were under $5000)

[HHM]

Gambling Marker is essentially an extension of credit by a casino that is usually secured by a bank account. (In reality, it is almost like a payday loan). The extension of credit is given to you in gambling chips.

[CindyLou]

VERY good description HHM!!

[PaKettle]

I don't think its dependent on your district.

You remind me of many of us when we filed , worried about every little thing . I hope that your bk goes as smooth as mine has ;)

Well, thanks JR, it's good to know I'm not the only one!

I do tend to worry about these things, especially where judges are involved. I have found them in the past, at times, to be:
unfair, vindictive, overly harsh, erratic, and anything but just.

So I think it's for that reason more than anything that I worry about "every little thing", and want to at least make sure I go in with all my i's dotted and t's crossed and avoid as much of an appearance of abuse as is possible.