When filing for bankruptcy, avoiding the pitfalls and traps hidden in the Bankruptcy Code is important. Pursuant to Section 523(a)(2)(C) of the Bankruptcy Code, cash advances totaling more than $925.00 that are "extensions of consumer credit under an open end credit plan" that are obtained less than 70 days before the bankruptcy filing are presumed to be non-dischargeable. What does this mean? This means that if a person takes out a cash advance or performs a balance transfer less than 70 days before filing bankruptcy then they may have to repay the debt to the creditor. This Section of the Bankruptcy Code applies in Chapters 7, 11, 12, and 13 cases. This is one of the many reasons it is important to hire an experienced Charlotte, NC bankruptcy attorney. As an experienced bankruptcy attorney, I look for any potential problems during the bankruptcy preparation process so that I can advise my clients of the potential dangers and counsel my clients on how to avoid the potential problem(s).
