Posted On: March 9, 2011
Can I discharge cash advances in my Florida Bankruptcy?
The answer really depends on the circumstances. Factors to be considered are: (1) the amount of the advance; (2) the time proximity between the advance and the filing of the bankruptcy petition; (3) the number of payments, if any, made to the cash advance lender; (4) whether or not the advance was secured by any collateral; and (5) whether or not the creditor files an objection to its debt being discharged.
Cash advances made over $750 within 70 days of filing the bankruptcy petition are presumed to be nondischargeable. You should consult with an experienced bankruptcy attorney on which debts are and are not dischargeable.
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Greg Gilbert
Keith Maynard
