What is the name of your state? California
Here is my situation....questions to follow. All my debt has been discharged under chapter 7 except one MBNA credit card. I had an adversary hearing aginst MBNA but all we did was set a court date. I took a cash advance of about $4000 on my creditcard 4 months before filing chapter 7. I did not intend on filing for bankruptcy but also, I did not make payments after that. I have a job that does not pay me a regular check, I get paid only for a sale. While my income was zero, I am self employed and work on contingency...I generally make just 2 or 3 sales a year to make $100k....that year though, nothing worked out. MBNA claims that given my income level (zero --- and about 40k the previous year), I could not have expected to pay this cash advance back and so they are claiming fraud. I used the money for living expenses and have no documentation to prove that I expected an income. My questions are:
1) In the adversary hearing, all we did was set a court date. Is this proper? I thought the issue would be discussed and the judge could rule on it.
2) Given my income situation is there a defense I could use to ward off their accusations?
3) Can one take cash advances for living expenses but still not be proven to have the intent to commit fraud? Is there another level they must go to to prove their accusation? Am I screwed?
.
Here is my situation....questions to follow. All my debt has been discharged under chapter 7 except one MBNA credit card. I had an adversary hearing aginst MBNA but all we did was set a court date. I took a cash advance of about $4000 on my creditcard 4 months before filing chapter 7. I did not intend on filing for bankruptcy but also, I did not make payments after that. I have a job that does not pay me a regular check, I get paid only for a sale. While my income was zero, I am self employed and work on contingency...I generally make just 2 or 3 sales a year to make $100k....that year though, nothing worked out. MBNA claims that given my income level (zero --- and about 40k the previous year), I could not have expected to pay this cash advance back and so they are claiming fraud. I used the money for living expenses and have no documentation to prove that I expected an income. My questions are:
1) In the adversary hearing, all we did was set a court date. Is this proper? I thought the issue would be discussed and the judge could rule on it.
2) Given my income situation is there a defense I could use to ward off their accusations?
3) Can one take cash advances for living expenses but still not be proven to have the intent to commit fraud? Is there another level they must go to to prove their accusation? Am I screwed?
.