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    #16
    Originally posted by shabam View Post
    I read the cases a while back but didn't log them. I will be having a look for such cases again soon so I will post them as I find them again.

    I think it is definitely a case by case basis. If someone applies for credit, transfers a balance and then files for BK in a few months (while making only one or no payments) this is a red flag for the creditor. I have seen creditors use various rules and avenues to catch the debtor and make the debt non-dischargeable.

    Such cases are rare though considering the volume of BKs that go through, no questions asked. Yet every now and then some creditors seek to make a debt non-dischargeable and win.
    Yes, but I will bet my Detroit Lions Season Tickets () that it is due to fraud, and not merelydetermine what the consumer subjectively intended and therefore whether, deep down, [the debtor] intended to incur a debt without meaning to pay it back".

    In this case, and as I'll continue to defend, that basis has absolutely nothing to do with the fact it's a balance transfer. It is purely based on fraud or abuse and can be used under any circumstance.
    Last edited by justbroke; 12-31-2008, 04:11 PM.
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

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