Montare Law
The Bankruptcy Code presumes that extensions of credit, such as cash advances on your credit cards, made within 70 days of bankruptcy and totaling $1,000 or more are taken with the intent not to pay back the advances and therefore are not dischargeable (meaning that you will still owe the debt after the bankruptcy is over). Your creditors also have the right to challenge the dischargeability of the debts no matter when they occurred, claiming that the debtor never intended to repay them, by filing an exception to discharge of the debt. The burden is on the creditor to prove the debtor's intent to not pay, which is usually very hard for credit card companies to prove so most will not file an exception to discharge. However, the best course of action is to wait at least 3 months after...
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