Credit Card Representation

It is not uncommon for credit card companies to challenge credit card debt discharged in a bankruptcy proceeding. A tactic credit card companies will often use to try to put together a timeline of credit card purchases that they will attempt to show the court was unnecessary. They will try to claim that some or all credit card purchases within a specific period of time were made with the intent of including those purchases in a foreseeable bankruptcy proceeding. They will claim that the credit card holder who has filed for bankruptcy intentionally made purchases while never intending to pay the credit card company.

In some cases, this tactic by the credit card company may work, but typically only if the credit card company can effectively show a pattern of a purchasing history that indicates the credit card holder's clear intent to never pay for the purchases made because of an impending or foreseeable bankruptcy claim.

However, the intent of the credit card holder is not always so cut and dried. It is often subjective and, therefore, your bankruptcy attorney will fight to paint a different picture from that of the attorneys for the credit card company. Your attorney will show that certain purchases were made before unforeseeable financial circumstances that directly led to the credit card holder's decision to file bankruptcy.

Clients will often be served with lawsuits from companies that have purchased the credit card debt from the original credit card company. These lawsuits may be successfully defended as the credit card claim's purchaser cannot prove that they are the true owner of the claim.

We are extremely detailed in our preparation regarding your bankruptcy, and bankruptcy-related legal issues, provide a comprehensive approach in seeking a successful bankruptcy, and guide you through this challenging process with the dignity and respect you deserve.