Dunaway Law - November 2019

Need to File for Bankruptcy?

Stop Using Your Credit Cards!

A credit card company cannot stop you from being able to file for bankruptcy. However, there are circumstances in which they may be able to ask the bankruptcy court not to discharge the debt you owe them specifically. Your credit card company may file an adversary proceeding (AP) to prevent you from discharging your credit card debt if they believe fraud is involved. If this happens, you won’t be able to wipe out that particular debt during your bankruptcy. It is extremely rare for a credit card company to be able to prevent your debt from being discharged. However, there are two reasons why the court may side with the credit card company: 1. You lied on your credit card application. 2. You incurred a lot of debt knowing you wouldn’t be able to pay it back. When is fraud presumed?

days of filing bankruptcy, the court may issue a judgment stating that debt is nondischargeable.

What can I do?

In order to prevent the credit card company from filing an AP against your bankruptcy case, always be honest about the debt you take on. The best rule of thumb is to not use your credit card for at least 90 days before filing for bankruptcy. If you are in a situation where you have no choice but to use your credit card, be prepared to wait up to three months before filing for bankruptcy. Bankruptcy exists to help give people a fresh start, but reaching that fresh start can be tricky. Get help navigating these confusing waters by calling an experienced bankruptcy attorney at 205.705.3590. Matthew Dunaway can help you get through this difficult time and start your financial future on a brighter note.

After the credit card company files an AP to determine discharge eligibility, it will fall on you to prove the debts were not incurred fraudulently. If you only used your credit card to pay for gas or groceries shortly before filing for bankruptcy, you probably don’t have anything to worry about. However, if you charged at least $725 in luxury purchases (nonessential goods or services) from one creditor within 90

RECIPE:

Burnished Potato Nuggets

There are countless ways to prepare potatoes, but not all are created equal. For irresistibly crunchy outsides and deliciously creamy insides, try this recipe. The result is sure to be the star side at your Thanksgiving table.

John 14:6

INGREDIENTS:

“I am the way, and the truth, and the life. No one comes to the Father except through me.”

5 lbs russet potatoes, peeled and cut into 2-inch pieces

• • • •

1/4 cup vegetable oil 8 cloves garlic, crushed

2 sprigs rosemary

1/2 cup extra-virgin olive oil

Kosher salt, to taste

DIRECTIONS:

1. Heat oven to 425 F. 2. In a large pot, pour water over potatoes to cover by 2 inches. Salt water and bring to a boil over medium-high heat. Reduce heat and simmer gently for 10 minutes. 3. Thoroughly drain potatoes and let stand for 10 minutes. Toss gently and season with salt. 4. Meanwhile, combine both oils in a large pan and heat in oven for 10 minutes. 5. Remove pan from oven and add potatoes, turning to coat thoroughly. Return to oven and cook for 30 minutes, turning every 10. 6. Toss in garlic and rosemary and finish cooking for 8–10 minutes. 7. Drain and serve.

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Phone: 205.705.3590

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