Posted by bobnone | Posted in Credit Card | Posted on 29-04-2010
Consumer Credit Card Lesson Plans ~~Financial Matters of Life ~~

Bankruptcy can not cover the Christmas credit card binge
Does the following scenario sound familiar? The Smith family has had a difficult year economically. John Smith lost his lucrative career as a result of the reduction of middle management in a thriving construction company and has been previously working two jobs in retail for several months. Jane Smith recently re-entered the work force after twelve years of staying home to raise children to help make ends meet. As the year comes to an end, Mr. and Mrs. Smith realized that failure is inevitable and decide to have a most wonderful Christmas before to confront the legal steps to be taken. Credit cards out of his pockets to make this event the best yet. Tickets can be bought for the whole family to attend the party of the Houston Texans' end of the season. The girls get new iPods and cell phones. The Smith's only child, true to its roots in Texas, receives new teams to help prepare for upcoming tests on the football team at his high school and a truck used to drive to games.
The Smiths do not have reason to worry because all bills credit card mounting just be included in the settlement of bankruptcy, right? In fact, this family can learn a hard lesson about the consequences of its spending practices.
When overwhelmed by the debt being carried and you think that bankruptcy is the best solution, please note that some credit card balances that have accumulated can not be ruled out. Section 523 (a) (2) Federal Code Bankruptcy addresses the problem of binge credit card. This clause exempts from discharge "of debt is issued if an individual material and representations as false on its financial condition. "This may mean that a person under fraudulent information on credit card application or knowingly made purchases for I knew it would not be able to pay. This last issue is the most common situation, and exemption that describes the scenario involving Smith family.
A credit card company will use Section 523 (a) (2) to challenge the discharge of its debt if one or more of the following circumstances:
- An increase in the use of credit cards just before filing bankruptcy
- The use of card for a recent vacation or travel
- Using the card while unemployed or have no reasonable ability to repay
- A great balance at the time of filing
One specific point in the Bankruptcy Code, Section 523 (a) (2) (C), deserves special attention of all buyers who are determined to find the perfect gift, regardless of cost. debts owed to consumers a single creditor totaling more than $ 500 for luxury goods or services within ninety days after filing for bankruptcy is considered non-dischargeable. And the luxury items of the law does not to fur coats and yachts. By contrast, luxury goods are defined as "products or services not reasonably necessary for the support or maintenance debtor or a dependent of the debtor. "
What does this mean for people who get carried away with their spending during the Christmas season? If you spend thousands of dollars in December to find out all the time that goes into bankruptcy after the New Year rolls around, his plans for debt relief may be delayed. If you know that you will not be able to pay for the bills that created during Christmas, you'll have to wait at least four to six months in 2010 to declare bankruptcy. While So he is expected to make regular payments to your creditors. The conclusion is that one should not see a statement of intent of bankruptcy as an excuse to make everyone happy with expensive gifts under the Christmas tree.
When it comes to matters of bankruptcy, Texans are better placed than many others in our country. In 2008, our state ranked forty-sixth in the country for number of bankruptcies filed. While residents of the state of Texas is proud to be the largest and better in many areas, it is a ranking for which we must be proud to be nowhere near the top. However, this stage relatively good, does not mean There are thousands of Texans who are struggling to pay their bills each month. With the pressure of being a consumer from the moment the doors open up to Black Friday exchanges are made and clearance items are tagged on the day after Christmas, the end of the year only and difficult conditions even worse.
If you think you may be a candidate to file for Chapter 7 bankruptcy, which basically provides a new financial start for those who qualify, be sure that not now start creating debt that can not be discharged. The time to consult with an experienced bankruptcy attorney is now. You need legal advice robust with respect to their financial options and any pitfalls to avoid the expense, while the paperwork is being drafted. Once you know where you stand, try to relax and enjoy the rest of the holiday season at home with family and friends and not in the local mall. Your credit rating and its legal adviser will be grateful.
About the Author
Tony R. Bertolino is the managing partner at Bertolino LLP with law offices located in Austin, Houston and San Antonio, Texas. A member of the Trial and Appellate Litigation Team, Mr. Bertolino’s practice is devoted largely to complex transactions, commercial litigation, business law, entertainment law and family law matters. You can read more about Mr. Bertolino at www.belolaw.com
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